Equality from State to State 2012

A Review of State Legislation Affecting the Lesbian, Gay, Bisexual and Transgender Community and a Look Ahead to 2O13

Equality from
State to State 2OI2
A Review of State Legislation Affecting the
Lesbian, Gay, Bisexual and Transgender Community
and a Look Ahead to 2O13
EQUALITY
RISING:
GOOD BILLS
INTRODUCED
29
Hate Crimes
24
Parenting
141
Schools-Related
68
Anti-Discrimination
24
Marriage-Related
g
d
d
o
ba
o
in
tr
tr
in
o
d
d
o
u
u
ce
ce
2+61+141+24+29+68+22+24=
10+15+40+618+28=
Number of
Good vs Bad
Bills Introduced
in 2012
d
d
Marriage-Related
24
28
Other Relationship Recognition
22
1
Anti-Discrimination
68
8
Hate Crimes
29
1
Parenting
24
6
141
40
61
15
2
10
Schools-Related
Health and Safety
Other
GOOD BILLS
BAD BILLS
Contents
2
Introduction
5
Summary of State Developments in 2012
8
Comparative Legislation at a Glance
10
Current State Legislation Maps
16
Outlook for 2013
18
2012 State Bills Introduced or Carried Over From 2011
19
2012 State Bills Passed
20
LGBT-Related Bills Considered in 2012
22
Marriage-Related Bills
27
Other Relationship-Recognition Bills
29
Anti-Discrimination Bills
37
Hate Crimes Bills
40
Parenting Bills
43
Schools-Related Bills
63
Health & Safety Bills
71
Other Bills
74
About the Author and Acknowledgements
ÂŠ2011 by the Human Rights Campaign Foundation. The Human Rights Campaign Foundation owns all right, title
and interest in and to this publication and all derivative works thereof. Permission for reproduction and redistribution is
granted if the publication is (1) reproduced in its entirety and (2) distributed free of charge. The Human Rights Campaign
name and the Equality logo are trademarks of the Human Rights Campaign. The Human Rights Campaign Foundation
and design incorporating the Equality logo are trademarks of the Human Rights Campaign Foundation.
ISBN-10:1934765236
ISBN-13:978-1-934765-23-4
www.hrc.org/statetostate
1
Introduction
Dear Readers,
As we begin 2013, momentum has never been so clearly on the side of full
LGBT equality. In 2012, voters approved marriage equality at the
ballot box for the very first time, and legislatures took decisive
steps to strengthen anti-bullying laws and block restrictive and
discriminatory bills. All across the country, a new pro-equality American
majority celebrated last yearâ&#x20AC;&#x2122;s landmark victories for lesbian, gay, bisexual
and transgender inclusion at the ballot box and in the statehouse.
The message
was clear: Even
in states that are
not yet prepared
to embrace full
LGBT equality,
passing antiLGBT legislation
is increasingly off
the table.
Toward the beginning of last year, legislatures in Maryland, Washington,
and New Jersey voted to bring marriage equality to their states. In
Maryland and Washington, supportive governors signed the bills that were
then affirmed by voters in November. In New Jersey, Gov. Chris Christie
vetoed the bill, though marriage equality remains highly popular in the
Garden State, and the legislature has until 2014 to override the governorâ&#x20AC;&#x2122;s
veto.
Other forms of relationship recognition saw legislative action as well. In
Colorado, advocates secured support for civil union legislation from the
governor and in the state Senate, but Republicans in the state House of
Representatives successfully stalled the legislation for the remainder of
the session.
Yet securing the passage of good bills is only half the equation. For
years, the LGBT community has been targeted by wave after wave of
harmful legislation pushed through in unfriendly legislatures. After 2012,
that trend finally seems to be coming to an end. In Oklahoma, Michigan,
Kansas, Louisiana, and Nebraska, legislators put a stop to bills that would
restrict the freedom of municipalities to protect their LGBT citizens from
discrimination. Only Arizona successfully passed a hostile law of this
sort. The message was clear: Even in states that are not yet prepared to
embrace full LGBT equality, passing anti-LGBT legislation is increasingly
off the table.
2
+49+107+6=
In the coming year, we must build on our past successes in implementing
anti-bullying bills. In 2012, Louisiana, Maine, and the District of Columbia all
strengthened their anti-bullying policies. Itâ&#x20AC;&#x2122;s time for other states to join them
to ensure that all young people have access to safe and welcoming institutions
in which to learn and grow.
6
Bad Bills
Passed
107
Bad Bills
Introduced
49
Good Bills
Passed
The 2012 elections gave us a roadmap for our future progress. Not only did
we have enormous success in electing our federal endorsed candidates and
securing victory for marriage equality at the ballot box, but we helped build
pro-equality majorities in key legislatures around the country. The coming
year will present dramatic new opportunities to advance marriage equality and
non-discrimination laws at the state level, and the Human Rights Campaign
is committed to devoting every available resource to securing new victories in
2013 and beyond.
This report tells the story of what was accomplished in the past year, but it also
shows us where we have left to go. I want to thank our dedicated members
and supporters as well as our partner organizations at the state and local level,
whose resources and know-how make this accelerating progress possible.
Together, weâ&#x20AC;&#x2122;re doubling down on this vital work until full equality reaches
every single person in every corner of this vast country.
Sincerely,
366
Good Bills
Introduced
Chad Griffin
President, Human Rights Campaign
www.hrc.org/statetostate
3
1
1
1
1 1 1 1
1
1
1
1
2
1
2 2
2
1
1
1
3 1
1
1
1
2
2
1
2
1
4
4
1
2
2
States where 50 GOOD LGBT-related state bills were passed in 2O12
Marriage-Related
Other Relationship Recognition
Anti-Discrimination
Hate Crimes
Parenting
Schools-Related
Health and Safety
Other
4
California 1 1 2 2
Delaware 3 1
Illinois 1
Louisiana 2
Maine 1
Maryland 1
Michigan 1
Nebraska 2
New Mexico 2
New York 1
Ohio 1
Oregon 1
Pennsylvania 2 2
Rhode Island 2
South Carolina 1
South Dakota 1
Tennessee 1
Utah 1
Vermont 1 1 1 1
Virginia 2
Washington 1 1
West Virginia 1
Equality from State to State 2O12
4 4
Summary of State
Developments in 2O12
In a tense election year, relationship recognition dominated the progress
made on the state level. Demonstrating a radical reversal from 2004 when
state “Defense of Marriage” Amendments were used as a wedge issue,
marriage equality in 2012 united a broad cross section of the electorate.
While negative legislation did gain a foothold, losses were kept at bay.
Unfortunately, many critical, positive legislative initiatives never came
to fruition as they continue to be seen by some lawmakers as too
controversial to touch when the ballot looms.
KEY STATE LEGISLATIVE DEVELOPMENTS IN 2012
Marriage Bills
Between the state legislatures and the ballot box, marriage equality wins
dominated this year. The Maryland and Washington state legislatures
passed marriage equality laws only to have them referred to the ballot.
However, on Election Day, voters approved the new marriage equality
laws in both states and adopted marriage equality in Maine as well. After
the Minnesota legislature voted last year to place a Defense of Marriage
Amendment on the ballot, this November Minnesota became the first state
to reject a marriage-only amendment.
zzMARYLAND —Gov. O’Malley signed marriage equality into law, and voters
upheld the law at the ballot in November by 51.9 percent. Prior to the ballot
vote, the state Supreme Court ruled that the state must allow same-sex
couples married in other jurisdictions to divorce.
zzWASHINGTON —Gov. Gregoire signed marriage equality into law, and voters
upheld the law at the ballot in November by 53.7 percent.
zzMAINE—After a marriage equality law was repealed at the ballot box in
2009 by a vote of 53 percent to 47 percent, this year proponents went
directly to the ballot to pass marriage equality in November by 53 percent to
47 percent, a direct reversal of three years earlier.
zzMINNESOTA—In 2011, the state legislature passed a resolution proposing a
constitutional amendment defining marriage as between one man and one
woman. It appeared on the November 2012 ballot and was defeated, with
just over 51 percent of voters rejecting the measure.
zzNORTH CAROLINA—In 2011, a resolution passed the legislature proposing
a constitutional amendment defining marriage as between one man and one
woman, and prohibiting virtually all other forms of relationship recognition. It
appeared on the May 2012 primary ballot and was adopted with 61 percent
of the vote.
zzNEW JERSEY—Both chambers of the state legislature passed a marriage
equality bill, which was then vetoed by Gov. Christie. The legislature has until
early 2014 to override the veto.
www.hrc.org/statetostate
5
Key State Legislative Developments in 2O12
zzNEW HAMPSHIRE—Marriage equality went into effect on Jan. 1, 2010. Less
than two years later, a changed legislature began contemplating repealing
access to marriage for same-sex couples. The bill was deferred in 2011, and then
was defeated this year when the Republican-dominated House voted 211–116 to
kill the bill.
zzRHODE ISLAND —Following through on a 2007 state attorney general opinion,
Gov. Chafee ordered state agencies to recognize the marriages of same-sex
couples performed out of state.
zzVERMONT—Gov. Shumlin signed into law a bill allowing same-sex couples who
married in Vermont but reside in jurisdictions that don’t recognize the marriage to
utilize Vermont courts for the purposes of divorce.
zzOKLAHOMA—The Senate passed a resolution reaffirming both the federal
Defense of Marriage Act and the state Defense of Marriage Amendment.
zzCALIFORNIA—In anticipation of the Supreme Court of the United States ruling
on Hollingsworth v. Perry (the Proposition 8 case) in 2013, Gov. Brown signed
into law a bill clarifying that no clergy shall be penalized for refusing to perform a
marriage inconsistent with the clergy’s faith.
zzOTHER STATES—Marriage equality legislation has been introduced in a number
of states but has not progressed. In 2012, marriage equality legislation was
on the table in Illinois, Minnesota, Pennsylvania, and Rhode Island. Meanwhile,
advocates in states such as Pennsylvania, New Mexico, and West Virginia were
able to keep discriminatory constitutional amendments at bay.
Relationship
Recognition Bills
While nearly half a dozen states pushed for either civil unions or comprehensive
domestic partnerships, only Colorado came within striking distance.
zzCOLORADO —In a repeat of 2011, the Senate passed a comprehensive civil
unions bill, but it stalled in a House committee. Gov. Hickenlooper called a
special session of the legislature, in part to consider the bill. It was voted down
5 to 4 along party lines in a House committee. Indicators suggest that the bill
would have passed the House had the bill made it to the floor.
Anti-Discrimination Bills
This year proved to mostly be a draw on anti-discrimination legislation. Moving
states without any current protections on the state level for either sexual
orientation or gender identity continues to remain a challenge. At the same time,
bills introduced as backlash against municipal progress failed to gain traction.
zzMUNICIPAL RESTRICTIONS—After Tennessee passed a law restricting the
ability of municipalities to provide anti-discrimination protections that exceed
state protections, Kansas, Louisiana, Michigan, Nebraska, and Oklahoma
introduced variations in their state legislatures. All five bills failed to advance.
zzARIZONA—Gov. Brewer signed into law a bill that effectively prohibits any
government within the state from refusing to contract with a religious entity that
discriminates based on religious beliefs. In addition, the bill effectively prohibits
governments within the state from requiring non-discrimination requirements
in professional licensing if the requirements don’t provide an exemption for
religiously motivated refusal.
6
zzOKLAHOMA—A bill was introduced in the House that would have prohibited
lesbian, gay, and bisexual people from serving in the state National Guard. It
failed to advance.
zzVERMONT—The legislature passed a resolution celebrating the 20th anniversary
of Vermont’s sexual orientation anti-discrimination law and the vital role played by
Rep. Ron Squires, Vermont’s first openly gay state legislator.
Hate Crimes Bills
After passage of the Matthew Shepard and James Byrd, Jr., Hate Crimes
Prevention Act in 2009, many state legislators incorrectly believe that state hate
crimes laws are superfluous. Educational efforts continue across the country.
zzRHODE ISLAND —Gov. Chaffee signed into law a bill that requires data collection
on gender identity-based hate crimes, but the bill failed to add gender identity as
a protected category under the state hate crimes law.
Parenting Bills
Most state legislatures have shifted their focus away from explicitly allowing
or impeding the ability of LGBT people to adopt. A new law in Virginia and a
similar bill in Illinois related to religious adoption agencies may prove to be the
favored tactic by opponents to LGBT equality.
zzVIRGINIA—Gov. McDonnell signed into law a bill that allows religious adoption
agencies working with children in state care to discriminate against qualified,
prospective LGBT parents.
Schools-Related Bills
With passage of the South Dakota anti-bullying bill, Montana becomes the only
state lacking a law explicitly prohibiting bullying in schools. Governors in red states
vetoed bills that would have made school life more difficult for LGBT students.
zzDISTRICT OF COLUMBIA—Mayor Gray signed into law the most expansive,
enumerated anti-bullying law in the country. The law covers all agencies that
serve youth, not just schools.
zzSOUTH DAKOTA—Gov. Daugaard signed into law a bill that requires the school
board of each school district to adopt a policy prohibiting bullying.
zzTENNESSEE—Gov. Haslam vetoed a bill that would have undermined the ability
of public universities to enforce an all-comers policy of non-discrimination.
zzUtah—Gov. Herbert vetoed a bill that would have prohibited discussion of
“homosexuality” in any human sexuality instruction or programs, including
responding to student questions.
zzOther states—Delaware, Louisiana, Maine, and Oregon all strengthened their
existing anti-bullying laws. New York and Vermont passed laws prohibiting
cyberbullying.
For a complete summary and final status of all the state legislation introduced
and passed that affected LGBT people in 2012, please see page XX.
www.hrc.org/statetostate
7
Comparative Legislation at a Glance
n Good Introduced
n Good Passed
n Bad Introduced
n Bad Passed
Overall LGBT Bills
184 30 73
5
220 19 56
2
332 52 68
3
478 50 116 4
473 70 129 11
366 49 107 6
31
28
Marriage Bills
16
0
25
1
22
1
29
1
30
8
33
0
36
2
50
0
73
8
4
1
74
5
5
0
3
46
3
13 6
1
4
28
2
Anti-Discrimination Bills
50
8
1
0
46
3
1
0
2OO7 2OO8 2OO9 2O1O
8
75
2O11
68
4 8
1
2O12
Comparative Legislation at a Glance
n Good Introduced
n Good Passed
n Bad Introduced
n Bad Passed
Hate Crimes Bills
20
3
0
0
25
2
0
0
45
6
1
0
55
4
1
0
31
1
2
0
29
4
1
0
0
3
0
20
3
5
0
25
2
7
1
24
4
8
1
24
0
6
2
Parenting Bills
11
2
4
1
7
Schools-Related Bills
21
4
36
3
58
7
16
0
87 10 26
3
169 50 21
2
2OO7 2OO8 2OO9 2O1O
193 34 34
3
2O11
141 24 40
2
2O12
9
Marriage Equality & Other Relationship Recognition Laws Legislation Map
Marriage Equality & Other
Relationship Recognition Laws
l State issues marriage licenses to same-sex couples
(9 states and the District of Columbia) Connecticut (2008), District of Columbia (2010), Iowa (2009), Maine*
(December, 2012), Maryland*, (January, 2013), Massachusetts (2004), New Hampshire (2010), New York (2011),
Vermont (2009) and Washington (2012)
l State recognizes marriages by same-sex couples legally entered into in another jurisdiction
(1 state) Rhode Island* (2012)
l Statewide law providing the equivalent of state-level spousal rights to same-sex couples within the state
(8 states and the District of Columbia) California* (domestic partnerships, 1999, expanded in 2005),
Delaware (civil unions, 2012), District of Columbia (2010), Hawaii( civil unions 2012), Illinois (civil unions, 2011),
Nevada (domestic partnerships, 2009), New Jersey (civil unions, 2007), Oregon (domestic partnerships, 2008)
and Rhode Island (civil unions, 2011)
l Statewide law providing some statewide spousal rights to same-sex couples within the state
(2 states) Colorado (designated beneficiaries, 2009) and Wisconsin (domestic partnerships, 2009)
*California: Same-sex marriages that took place between June 16, 2008, and November 4, 2008, continue to be defined as marriages.
On October 12, 2009, Gov. Schwarzenegger signed into law a bill that recognizes out-of-jurisdiction same-sex marriages that occurred
before November 2008 as marriages in California, and all other out-of-jurisdiction same-sex marriages as similar to domestic partnerships.
*Maine: Marriage equality law goes into effect on December 29, 2012.
*Maryland: Marriage equality law goes into effect on January 1, 2013.
*New Mexico: In January 2011, the New Mexico Attorney General issued an advisory opinion declaring that the state can recoginize outof-jurisdiction same-sex marriages. At this time, it is unclear what affect this opinion will have.
*Rhode Island: In May 2012, Governor Chafee issued an order to state agencies to recognize out-of-jurisdiction same-sex marriages..
*Wyoming: On June 6, 2011, the Wyoming Supreme Court decided Christensen v. Christensen, ruling that Wyoming trial courts have the
ability to hear divorce proceedings terminating same-sex marriages created in other jurisdicitons.
10
Equality from State to State 2O12
Statewide Marriage Prohibitions Legislation Map
Statewide Marriage Prohibitions
Statewide prohibitions against marriage for same-sex couples are in place in most states â&#x20AC;&#x201D; either in the form of statutory
law or amendment to the stateâ&#x20AC;&#x2122;s constitution. States that explicitly bar same-sex couples from marriage are as follows:
l States with constitutional amendments restricting marriage to one man and one woman.
(30 states) Alabama (2006), Alaska (1998), Arizona (2008), Arkansas (2004), California (2008), Colorado (2006),
Florida (2008), Georgia (2004), Kansas (2005), Idaho (2006), Kentucky (2004), Louisiana (2004), Michigan
(2004), Mississippi (2004), Missouri (2004), Montana (2004), Nebraska (2000), Nevada (2002), North Carolina
(2012), North Dakota (2004), Ohio (2004), Oklahoma (2004), Oregon (2004), South Carolina (2006), South
Dakota (2006), Tennessee (2006), Texas (2005), Utah (2004), Virginia (2006), and Wisconsin (2006)
l States with laws restricting marriage to one man and one woman.
(8 states) In addition to those listed above: Delaware, Hawaii, Illinois, Indiana, Minnesota, Pennsylvania,
West Virginia, and Wyoming
* Broader Consequences: States where the law or amendment has language that does, or may, affect other legal
relationships, such as civil unions or domestic partnerships. (19 states) Alabama, Arkansas, Florida, Georgia, Kentucky, Idaho,
Louisiana, Michigan, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia,
and Wisconsin.
www.hrc.org/statetostate
11
Statewide Employment Laws & Policies Legislation Map
Statewide Employment Laws & Policies
l States that prohibit discrimination based on sexual orientation and gender identity
(16 states and the District of Columbia) California (1992, 2003), Colorado (2007), Connecticut (1991, 2011),
District of Columbia (1977, 2006), Hawaii (2011), Illinois (2006), Iowa (2007), Massachusetts (1989, effective
July 1, 2012), Maine (2005), Minnesota (1993), New Jersey (1992, 2007), New Mexico (2003), Nevada (1999,
2011), Oregon (2008), Rhode Island (1995, 2001), Vermont (1991, 2007), and Washington (2006)
State courts, commissions, agencies or attorneys general have interpreted the existing law to include some protection
against discrimination against transgender individuals in Connecticut, Florida and New York.
The Federal Equal Employment Opportunity Commission is now accepting complaints of gender identity discrimination in employment
based on Title VIIâ&#x20AC;&#x2122;s prohibition against sex discrimination.
l States that prohibit discrimination based on sexual orientation
(21 states and the District of Columbia) In addition to the states above: Delaware (2009), Maryland (2001),
New Hampshire (1998), New York (2003), and Wisconsin (1982)
Laws and Policies Covering Public Employees Only: The laws referenced above apply to public and private employers
(with some limitations) in the respective states. Additionally, there are 9 states (*) that have an executive order, administrative order or
personnel regulation prohibiting discrimination against public employees based on sexual orientation and gender identity; 3 states
(**) prohibit discrimination against public employees based on sexual orientation only (Missouri order only covers executive branch
employees). In 22 states and the District of Columbia (t), state employees are provided with domestic partner benefits.
12
Equality from State to State 2O12
State Hate Crime Laws Legislation Map
State Hate Crime Laws
All but five states (Arkansas, Georgia, Indiana, South Carolina and Wyoming) have laws addressing the
scourge of hate crimes, but there is variation in the list of protected classes. The laws that address hate or
bias crimes against LGBT people are as follows:
l States that have a law that addresses hate or bias crimes based on sexual orientation and gender identity
(14 states and the District of Columbia) California (1999), Colorado (2005), Connecticut (2004),
District of Columbia (1989), Hawaii (2003), Maryland (2005), Massachusetts (2002, 2011),
Minnesota (1993), Missouri (2001), New Jersey (2002, 2008), New Mexico (2003), Oregon (2001, 2008),
Rhode Island (2012), Washington (1993, 2009), and Vermont (2001)
l States that have a law that addresses hate or bias crimes based on sexual orientation
(31 states and the District of Columbia) In addition to the states above: Arizona (2003), Delaware (2001),
Florida (2001), Illinois (2001), Iowa (2002), Kansas (2002), Kentucky (2001), Louisiana (2002), Maine (2001),
Michigan (data collection only, 2002), Nebraska (2002), Nevada (2001), New Hampshire (2002), New York (2002),
Rhode Island (2001), Tennessee (2001), Texas (2002), and Wisconsin (2002)
* Laws lack LGBT inclusion: States that have a law that addresses hate or bias crimes, but do not
address sexual orientation or gender identity
(14 states) Alabama, Alaska, Idaho, Mississippi, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania,
South Dakota, Utah (no categories listed), Virginia, and West Virginia
www.hrc.org/statetostate
13
Parenting Laws: Second-Parent Adoption Legislation Map
Parenting Laws: Second-Parent Adoption
Each state has its own laws governing adoption and they vary widely. In some states, a person can petition
to adopt the child of his or her partner. These are usually called second-parent or stepparent adoptions.
This map provides information on the known laws and policies that apply to same-sex couples.
l States where second-parent adoption is an option for same-sex couples statewide
(18 states and the District of Columbia) Arkansas, California, Connecticut, Delaware, District of Columbia,
Hawaii, Illinois, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Oregon, Pennsylvania,
Rhode Island, Vermont, and Washington.
l States where same-sex couples have successfully petitioned for second-parent adoption
in some jurisdictions
(8 states) Alabama, Alaska, Colorado, Iowa, Louisiana, Minnesota, New Mexico, and Texas.
In many states the status of parenting law for LGBT people is unclear. The determination of parenting
rights is always made on a case-by-case basis and it is ultimately the decision of the judge whether to grant
the adoption petition. If you are considering becoming a parent, you should consult with a lawyer
licensed in your state and familiar with LGBT family law.
* Obstacles to Equal Treatment: Same-sex couples are prohibited from adopting in Mississippi and Utah. State courts in
Michigan have ruled that unmarried individuals may not jointly petition to adopt. State courts have ruled that second-parent adoptions
are not available under current law in Kentucky, Nebraska, North Carolina, and Ohio.
** On April 7, 2011, the Arkansas Supreme Court ruled the statutory ban prohibiting unmarried couples from adopting
to be unconstitutional.
*** On September 22, 2010, Florida’s Third District Court of Appeals ruled that a 1977 statute prohibiting “homosexuals” from
adopting is unconstitutional. The decision is binding on all trial level courts in Florida.
14
Equality from State to State 2O12
Statewide School Laws & Policies Legislation Map
Statewide School Laws & Policies
Many states explicitly address discrimination, harassment, and/or bullying of elementary and high school students,
though not all are LGBT inclusive. These protections can be in the form of statutory law, regulation or ethical codes
of conduct for teachers. The states that explicitly address these issues for LGBT students are as follows:
l States with law that addresses discrimination, harassment and/or bullying of students
based on sexual orientation and gender identity
(17 states and the District of Columbia) Arkansas (2011), California (2002), Colorado (2008),
Connecticut (2001, 2011), District of Columbia (2001), Illinois (2010), Iowa (2007), Maine (2005), Maryland (2008),
Minnesota (1993), New Hampshire (2010), New Jersey (2002), New York (2010), North Carolina (2009),
Rhode Island (2012), Vermont (2001, 2007), Washington (2002, 2009), and Oregon (2007)
** Regulations and Ethical Codes of Conduct: States with school regulation or ethical code for
teachers that addresses harassment and/or bullying of students based on sexual orientation
(3 states) New Mexico (regulation), Pennsylvania (regulation), and Utah (code of ethics)
States with school regulation or ethical code for teachers that addresses discrimination, harassment and/or bullying
of students based on both sexual orientation and gender identity (2 states) Hawaii (regulation) and West Virginia (regulation)
* Policies/No Categories: States that prohibit bullying in schools but list no categories of protection
(26 states) Alabama, Alaska, Arizona, Delaware, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi,
Missouri, Nevada, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Wisconsin
and Wyoming
Please note that the quality of anti-bullying laws varies drastically from state to state. This map is only a reflection of the existence of
such laws and policies.
www.hrc.org/statetostate
15
Outlook for 2O13
Opponents of
equality will
continue to
push legislation
designed to
hamper progress
across the
country, though
focused in states
dominated by
anti-equality
legislators.
Riding a wave of ballot measure victories this past November
and the promise of Supreme Court rulings on marriage this
coming summer, legislators are poised to take up marriage
equality in states around the country. Simultaneously, states
that have been viewed as more conservative are ready to push
non-discrimination legislation covering both sexual orientation
and gender identity. Opponents of equality will continue to push
legislation designed to hamper progress across the country,
though focused in states dominated by anti-equality legislators.
For the fifth year in a row, marriage equality will be a major focus
of state legislatures. With a defeated constitutional amendment,
supportive governor, and willing legislature, Minnesota is
positioned to make a serious push for marriage equality in 2013.
The legislatures of Delaware, Hawaii, Illinois, and Rhode Island
are all poised to pass marriage equality bills. After experimenting
with alternate forms of relationship recognition, legislators
are beginning to see the importance of full marriage equality.
Each state has hurdles to overcome, but Governors Markell,
Abercrombie, Quinn, and Chaffee have each pledged their full
support.
Coloradans will push once again for reconsideration of a civil
unions bill in 2013. Shifts in the House make-up should ease
the process. Wyoming is likely to consider comprehensive
domestic partnerships for the first time, and states such as
Florida will continue to garner legislative support for relationship
recognition. On the other end of the spectrum, states such as
Indiana, Pennsylvania, and West Virginia remain at risk for having
their state constitutions amended to enshrine discrimination.
Contributing to the shifting landscape are two pending
federal cases on marriage equality, both of which will receive
a ruling from the Supreme Court of the United States in late
spring/early summer 2013. Most states will have ended their
legislative sessions by the time decisions are handed down.
Hollingsworth v. Perry (formerly Perry v. Schwarzenegger
and Perry v. Brown) challenges the constitutionality of
Californiaâ&#x20AC;&#x2122;s Proposition 8 and advances the argument that
marriage is a fundamental right in which same-sex couples are
constitutionally entitled to participate. The Supreme Court will
also need to determine the technical issue of standing. United
16
Outlook for 2O13
Comprehensive,
inclusive nondiscrimination bills
are on the horizon
in several states
considered traditionally
socially conservative
such as Utah,
West Virginia, and
Wyoming.
States v. Windsor challenges the Defense of Marriage Act
(DOMA) Section 3, which prohibits the federal government from
extending federal benefits to legally married same-sex couples.
The outcomes in these cases could affect the willingness of
state legislatures to advance relationship recognition legislation.
Several other cases that could impact the marriage equality
landscape in subsequent years will be percolating through the
federal district courts and through the state courts during 2013.
Comprehensive, inclusive non-discrimination bills are on
the horizon in several states considered traditionally socially
conservative such as Utah, West Virginia, and Wyoming.
Judging individuals based on merit, rather than on identity, has
gained increasing acceptance by a broad range of Americans.
Legislators in each state will have the opportunity to reflect the
value of the majority of their constituents. Five states with laws
prohibiting discrimination based on sexual orientation still need
to go back and add explicit gender identity protections. Three of
those states— Delaware, Maryland, and New York—are poised to
make substantial progress.
Negative bills are a constantly shifting landscape. Opponents
have moved from engaging in efforts to explicitly ban LGBT
people from adopting, to attempting to limit municipal level
equality, to introducing bills using proclamations of religious
liberty to undermine equality. Tennessee legislators will likely
once again introduce “don’t say gay” legislation, but we can only
speculate regarding what other negative efforts might arise.
2013 will be a year of many moving pieces, with solid prospects
for pro-LGBT legislation across the country. As always, we
look forward to working with our friends in state advocacy
organizations across the country to rise to the challenge and
bring real change.
www.hrc.org/statetostate
17
1
1
Arizona
1
4
1
1
Arkansas
4
California
8
2
Colorado
1
3
1
1
1
Connecticut
1
Delaware
D.C.
2
Florida
1
Georgia
2
2
1
2
1
3
2
1
2
2
Hawaii
2
Idaho
Illinois
1
2
2
1
Kentucky
2
Louisiana
2
1
Maryland
1
Massachusetts
1
3
1
1
2
2
4
1
7
1
1
1
3
Michigan
2
1
2
1
1
1
1
3
2
2
2
1
2
2
1
2
1
1
New Jersey
2
1
2
8
12
1
North Carolina
7
Tennessee
7
0
4
12
6
0
1
82
7
4
1
0
0
9
0
12
2
0
0
24
5
9
2
5
1
3
3
2
20
1
2
1
1
4
4
3
2
1
1
1
1
11
2
1
15
11
0
0
3
1
3
0
7
2
7
3
1
8
6
1
6
2
3
Texas
1
Utah
2
Vermont
Washington
5
3
West Virginia
Wisconsin
1
1
3
1
2
1
1
Virginia
1
5
2
1
1
1
2
1
2
1
1
2
3
1
1
Wyoming
Total Bills
18
24
28
22
1
68
8
29
1
24
6
4
0
9
1
4
14
0
2
1
0
4
0
2
Oregon
South Dakota
2
2
0
9
1
1
10
3
2
South Carolina
3
7
5
1
2
5
6
0
Oklahoma
2
0
1
4
2
6
5
4
2
9
6
1
Rhode Island
0
7
4
4
31
4
0
2
1
1
1
4
1
0
9
2
2
4
5
22
Ohio
1
0
11
2
North Dakota
2
0
0
5
3
Pennsylvania
0
1
24
1
3
2
0
2
2
2
1
3
9
1
New Mexico
New York
1
0
15
4
1
2
1
0
10
3
5
0
7
3
Nevada
New Hampshire
0
0
4
Montana
Nebraska
7
8
10
Mississippi
Missouri
1
5
2
Maine
2
1
Kansas
Minnesota
2
1
Indiana
Iowa
1
Total Bad Billls
4
Other
Med/Safety
Education
Parenting
1
Alaska
Total Good Bills
1
Alabama
Hate Crimes
Relationships
Marriage
n GOOD
n BAD
AntiDiscrimination
2O12 State Bills Introduced or Carried Over From 2O11
141
40
61
15
2
10
0
0
371
109
Note: The total tally of bills is lower in this section than the total number of bills in the Equality from State to State Report. Bills that repeal domestic partnerships and civil unions after the passage of
marriage, and bills regulating reproductive technologies that do not disproportionately impact the LGBT community are not rated as good or bad bills. In addition, HRC has not rated bills that contain
both good and bad language such as the Rhode Island civil unions bill. The Massachusettsâ&#x20AC;&#x2122; gender identity bill has been listed twice, both in anti-discrimination and in hate crimes.
Total Bad Billls
0
0
0
0
1
Other
Education
Parenting
Marriage
Med/Safety
0
Alaska
Hate Crimes
Alabama
Relationships
Total Good Bills
n GOOD
n BAD
AntiDiscrimination
2O12 State Bills Passed
1
Arizona
0
0
14
0
Colorado
0
0
Connecticut
0
0
4
0
D.C.
0
0
Florida
0
0
Georgia
0
0
Hawaii
0
0
Idaho
0
0
1
0
Indiana
0
0
Iowa
0
0
Kansas
0
0
Kentucky
0
0
Arkansas
California
1
1
2
2
4
3
Delaware
4
1
1
Illinois
Louisiana
2
2
0
Maine
1
1
0
1
0
0
0
1
1
Minnesota
0
0
Mississippi
0
0
Missouri
0
0
Montana
0
0
2
1
Nevada
0
0
New Hampshire
0
0
New Jersey
0
0
Maryland
1
Massachusetts
1
Michigan
1
2
Nebraska
1
New Mexico
2
2
0
New York
1
1
0
0
1
0
0
1
0
1
North Carolina
North Dakota
1
Ohio
1
Oklahoma
Oregon
Pennsylvania
2
Rhode Island
2
0
1
1
1
0
2
4
0
South Carolina
1
South Dakota
1
1
Tennessee
Texas
1
Utah
Vermont
1
1
1
2
Virginia
Washington
1
1
1
0
4
1
4
0
0
2
0
1
0
0
0
1
0
4
0
2
2
0
1
0
0
1
0
0
50
8
Wyoming
2
1
1
1
4
0
2
Wisconsin
Total Bills
0
1
2
1
West Virginia
2
24
2
9
1
4
0
Note: The total tally of bills is lower in this section than the total number of bills in the Equality from State to State Report. Bills that repeal domestic partnerships and civil unions after the passage of
marriage, and bills regulating reproductive technologies that do not disproportionately impact the LGBT community are not rated as good or bad bills. In addition, HRC has not rated bills that contain
both good and bad language such as the Rhode Island civil unions bill. The Massachusettsâ&#x20AC;&#x2122; gender identity bill has been listed twice, both in anti-discrimination and in hate crimes.
19
active bills
dead bills
6
19
34
1
11
13
5
14
63
4
8
20
3
11
20
27
46
142
10
25
51
6
2
8
42
34136320100518
619111514483112746251062
passed bills
20
LGBT-Related Bills
Considered in 2O12
pg 22
Marriage-Related Bills
27
Other Relationship-Recognition Bills
29
Anti-Discrimination Bills
37
Hate Crimes Bills
40
Parenting Bills
43
Schools-Related Bills
63
Health & Safety Bills
71
Other Bills
www.hrc.org/statetostate
21
Marriage-Related Bills
Marriage-Related Bills
Marriage-Related Bills PASSED
PASSED
California Senate Bill 1140
This bill specifies that no priest, minister,
rabbi, or authorized person of any religious
denomination, or his or her religious
denomination, is required to solemnize a
marriage that is contrary to the tenets of his,
her, or its faith. The bill also clarifies that any
refusal to solemnize a marriage under that
provision shall not affect the tax-exempt status
of any entity.
STATUS: This bill was introduced in the
Senate on Feb. 21, 2012. It passed the
Senate Committee on Judiciary on May 2,
2012 and the full Senate on May 31, 2012.
It then passed the Assembly Committee
on Judiciary on June 19, 2012 and the full
Assembly on Aug. 28, 2012. The Senate
concurred in the Assembly amendments on
Aug. 29, 2012. The bill was signed into law by
the governor on Sept. 30, 2012.
PASSED
Maryland House Bill 438
This bill allows same-sex couples to marry in
Maryland.
STATUS: This bill was introduced in the House
on Feb. 1, 2012. It passed the House Judiciary
Committee on Feb. 15, 2012 and the full
House on Feb. 17, 2012. The bill then passed
the Senate Judicial Proceedings Committee on
Feb. 22, 2012 and the full Senate on Feb. 23,
2012. It was signed into law by the governor
on March 1, 2012. The bill was referred to the
ballot where it was approved by 51.9 percent
of voters. The state began issuing marriage
licenses to same-sex couples on Dec. 6, 2012.
PASSED
North Carolina Senate Bill 514
This bill proposes to amend the state
constitution to read, “Marriage between one
man and one woman is the only domestic legal
union that shall be valid or recognized in this
State. This section does not prohibit a private
party from entering into contracts with another
private party; nor does this section prohibit
courts from adjudicating the rights of private
parties pursuant to such contracts.”
STATUS: This bill was introduced in the
Senate on April 5, 2011. It passed the Senate
Committee on Agriculture, Environment, and
Natural Resources on April 26, 2011, and the
full Senate on April 27, 2011. It then passed
the House Committee on Rules, Calendar, and
Operations of the House on Sept. 12, 2011,
and the full House on Sept. 12, 2011. The
Senate concurred in the amendments on Sept.
13, 2011. The proposed amendment appeared
on the May 2012 ballot. It passed with 61
percent of the vote.
22
Equality from State to State 2O12
PASSED
Oklahoma Senate Resolution 62
This resolution “reaffirms [the Oklahoma
Senate] support for traditional marriage as the
union of one man and one woman, as expressed
in the provisions of Section 35 of Article II of
the Oklahoma Constitution and the federal
Defense of Marriage Act.”
STATUS: This resolution was introduced and
adopted by the full Senate on May 14, 2012.
PASSED
Vermont House Bill 758
This bill provides, upon application, an expedited
process for dissolving the civil union of a
couple upon their marriage to one another and
provides access to a divorce or a dissolution
to nonresident couples who established a
marriage or civil union in Vermont if the parties
are legally barred from divorcing or dissolving
the union in their state of residence, provided
that the parties file a stipulation outlining an
agreement executed by both parties that sets
out the terms and conditions of resolution for all
issues in the divorce or dissolution action.
STATUS: This bill was introduced in the
House on Feb. 14, 2012. It passed the House
Committee on Judiciary on Feb. 16, 2012,
and the full House on Feb. 17, 2012. The bill
passed the Senate Committee on Judiciary on
March 30, 2012, and the full Senate on April
19, 2012. The House concurred in Senate
amendments on April 20, 2012. It was signed
into law by the governor on May 1, 2012.
PASSED
Washington Senate Bill 6239
This bill allows same-sex couples to marry in
Washington.
STATUS: This bill was introduced in the
Senate on Jan. 16, 2012. It passed the Senate
Committee on Government Operations, Tribal
Relations & Elections on Jan. 26, 2012, and
the full Senate on Feb. 1, 2012. The bill then
passed the House Committee on Judiciary on
Feb. 6, 2012, and the full House on Feb. 8,
2012. It was signed into law by the governor
on Feb. 9, 2012. The bill was referred to the
ballot where it was approved by 53.7 percent
of voters. The state began to issue marriage
licenses to same-sex couples on Dec. 6, 2012.
ACTIVE
Illinois House Bill 5170
This bill would create the “Religious Freedom
and Marriage Fairness Act,” allowing same-sex
couples to enter into marriage.
STATUS: This bill was introduced on Feb. 8,
2012. It was assigned to the House Human
Services Committee and was re-referred to the
House Rules Committee on March 9, 2012.
Marriage-Related Bills
ACTIVE
Illinois House Joint Resolution
Constitutional Amendment 50
This resolution proposes an amendment to
the state constitution reading: “To secure
and preserve the benefits of marriage for our
society and for future generations of children,
only a union of one man and one woman shall
be valid or recognized as a marriage in this
State. This State and its political subdivisions
shall not create or recognize a legal status
similar to that of marriage.”
STATUS: This resolution was introduced in the
House on July 16, 2012, and was referred to
the House Rules Committee.
ACTIVE
Massachusetts House Bill 2867
This bill would render void a marriage
contracted while either party has entered into a
civil union or domestic partnership with another
person, unless such civil union or domestic
partnership has lawfully been terminated or
dissolved.
STATUS: This bill was introduced in the House
on Jan. 21, 2011, and was referred to the Joint
Committee on the Judiciary. The House issued
a study order on July 31, 2012.
ACTIVE
New Jersey Assembly Bill 3611
This bill would authorize same-sex marriages
pending voter approval.
STATUS: This bill was introduced in the
Assembly on Dec. 13, 2012, and was referred
to the Assembly Judiciary Committee.
ACTIVE
New Jersey Assembly Concurrent
Resolution 39/Senate Concurrent
Resolution 79
These resolutions would propose an
amendment to the state constitution reading:
“Only the union of one man and one woman
shall be valid or recognized as a marriage in the
State of New Jersey.”
STATUS: ACR 39 was introduced in the
Assembly on Jan. 10, 2012, and was referred
to the Assembly Judiciary Committee. SCR
79 was introduced in the Senate on Feb. 6,
2012, and was referred to the Senate Judiciary
Committee.
ACTIVE
New Jersey Senate Bill 1
This bill, titled the “Marriage Equality and
Religious Exemption Act,” would authorize
same-sex marriage in the state.
STATUS: This bill was introduced in the
Senate on Jan. 10, 2012. It passed the Senate
Judiciary Committee on Jan. 30, 2012, and the
full Senate on Feb. 13, 2012. It then passed
the Assembly on Feb. 16, 2012. The bill was
vetoed by the governor on Feb. 21, 2012. The
legislature has until Jan. 10, 2014, to override
the veto.
Marriage-Related Bills ACTIVE
ACTIVE
Illinois House Joint Resolution 95
This resolution would state the General
Assembly’s opposition to any efforts to extend
marriage to same sex couples and urge the
members of the General Assembly to adopt
HJRCA 50, an amendment to the Illinois
Constitution stating that “Only a marriage
between a man and a woman shall be valid or
recognized in Illinois.”
STATUS: This resolution was introduced in the
House on July 19, 2012, and was referred to
the House Rules Committee.
ACTIVE
New Jersey Senate Concurrent
Resolution 88
This resolution would propose an amendment
to the state constitution reading: “’Marriage’ is
the legally recognized union of two persons of
any gender.”
STATUS: This resolution was introduced in the
Senate on Feb. 9, 2012, and was referred to
the Senate Judiciary Committee.
ACTIVE
New York Assembly Bill 4454
This bill would recognize same-sex couples
married out of state as married within the state
of New York.
STATUS: This bill was introduced in the
Assembly on Feb. 3, 2011, and passed the
Ways and Means Committee on May 17, 2011.
It was re-referred to the Ways and Means
Committee on Jan. 4, 2012.
ACTIVE
New York Senate Bill 5416
This bill would prohibit the state from
recognizing the marriages of same-sex couples
from other jurisdictions.
STATUS: This bill was introduced in the Senate
on May 19, 2011, and was referred to the
Judiciary Committee. It was re-referred to the
Judiciary Committee on Jan. 4, 2012.
ACTIVE
New York Senate Bill 7712
This bill would repeal the Marriage Equality Act
of 2011.
STATUS: This bill was introduced on June
14, 2012, and was referred to the Rules
Committee.
ACTIVE
Rhode Island House Bill 7752/
Senate Bill 2337/Senate Bill 2510
These bills would allow married same-sex couples
to receive a divorce provided the couple meets the
www.hrc.org/statetostate
23
Marriage-Related Bills
Marriage-Related Bills ACTIVE
same residency requirements applied to married
opposite-sex couples.
STATUS: SB 2337 was introduced in the Senate
on Feb. 7, 2012, and was referred to the Senate
Judiciary Committee. SB 2510 was introduced
in the Senate on Feb. 16, 2012, and was
referred to the Senate Judiciary Committee. HB
7752 was introduced on Feb. 16, 2012. The
House Judiciary Committee recommended the
bill be held for study on May 2, 2012.
ACTIVE
Rhode Island House Bill 7845/
Senate Bill 2504
These bills would allow same-sex couples to
marry.
STATUS: SB 2504 was introduced on Feb. 16,
2012, and was referred to the Senate Judiciary
Committee. HB 7845 was introduced on Feb.
28, 2012. The House Judiciary Committee
recommended it be held for further study on
May 2, 2012.
ACTIVE
Rhode Island Senate Joint Resolution 2984
This resolution would propose an amendment
to the state constitution limiting marriage to one
man and one woman.
STATUS: This resolution was introduced on
May 17, 2012, and was referred to the Senate
Judiciary Committee.
ACTIVE
Rhode Island Senate Joint Resolution 2987
This resolution would hold that “the public policy
of this state discountenances the marriage of
same-sex couples, and that our public policy in
this regard
OVERRIDES any obligation of full faith and
credit”.
STATUS: This resolution was introduced on
May 17, 2012, and was referred to the Senate
Judiciary Committee.
DEAD
Georgia House Resolution 471
This resolution would have urged the United
States Congress to take such actions as
necessary to ensure that the federal Defense of
Marriage Act is defended against all challenges
as to its constitutionality in the courts.
STATUS: This resolution was introduced on
March 4, 2011. It died upon adjournment on
March 29, 2012.
DEAD
Iowa House Bill 330
This bill would have prohibited a county registrar
from granting a marriage license to same-sex
couples until an amendment to the Constitution
of the State of Iowa defining marriage as “the
legal union of one man and one woman” was
submitted to the electorate for a vote.
24
Equality from State to State 2O12
STATUS: This bill was introduced on Feb.
18, 2011, and was referred to the Judiciary
Committee. It died upon adjournment on May
9, 2012.
DEAD
Iowa House Bill 577
This bill would have allowed only a marriage
between one man and one woman to be valid.
It also would have stripped jurisdiction over the
laws determining the validity of marriage from
the Iowa Supreme Court.
STATUS: This bill was introduced on March
8, 2011, and was referred to the Judiciary
Committee. It died upon adjournment on May
9, 2012.
DEAD
Iowa House Joint Resolution 6/Senate Joint
Resolution 3/Senate Joint Resolution 8
These resolutions would have proposed an
amendment to the Iowa Constitution reading,
“Marriage between one man and one woman
shall be the only legal union valid or recognized
in this state.” Note: A proposed constitutional
amendment must be passed by both chambers
in two consecutive legislative sessions to be
placed on the ballot.
STATUS: HJR6 and SJR3 were introduced in
their respective chambers on Jan. 19, 2011.
HJR 6 received a positive committee report
from the Judiciary Committee on Jan. 24, 2011,
and was passed by the full House on Feb. 1,
2011. It was then transferred to the Senate
and referred to the Senate State Government
Committee. SJR 3 was referred to the Senate
State Government Committee. SJR 8 was
introduced on Jan. 25, 2011, and was referred
to the Senate State Government Committee.
On Jan. 28, 2011, a motion to suspend rules
and withdraw from committee was put forth,
but failed. All three resolutions died upon
adjournment on May 9, 2012.
DEAD
Iowa House Joint Resolution 7
This resolution would have proposed an
amendment to the Iowa Constitution reading,
“The state and its political subdivisions shall
make no law prohibiting the act of civil marriage
or denying the benefits of civil marriage to
any individual capable of entering into a civil
contract, based on the race, creed, color, sex,
sexual orientation, gender identity, national
origin, religion, or disability of either party
entering into a civil marriage.” Note: A proposed
constitutional amendment must be passed by
both chambers in two consecutive legislative
sessions to be placed on the ballot.
STATUS: This resolution was introduced on
Jan. 20, 2011, and was referred to the Judiciary
Committee. It died upon adjournment on May
9, 2012.
Marriage-Related Bills
DEAD
Maryland House Bill 474
This bill would have proposed an amendment
to the state constitution reading, “Marriage
between one man and one woman shall be the
only domestic legal union valid or recognized in
this state.”
STATUS: This bill was introduced on Feb. 2,
2012, and was referred to the House Judiciary
and Health and Government Operations
Committees. It died upon adjournment on April
9, 2012.
DEAD
Maryland House Bill 728
This bill would have proposed an amendment to
the state constitution reading, “Only a marriage
between a man and a woman is valid in this
state.”
STATUS: This bill was introduced on Feb. 8,
2012, and was referred to the House Judiciary
and Health and Government Operations
Committees. It died upon adjournment on April
9, 2012.
DEAD
Maryland House Bill 1239
This bill would have proposed an advisory
question be placed on the ballot reading, “Do
you favor: (a) the enactment of a law providing
that the marriage of two individuals of the
same sex who are not otherwise prohibited by
law from marrying is valid in Maryland? (b) the
continuation of the current law providing that
only a marriage between a man and a woman is
valid in Maryland?; or (c) the repeal of the law
prohibiting bigamy and the enactment of a law
providing that the marriage of any number of
individuals of the same or opposite sex who are
not otherwise prohibited by law from marrying is
valid in Maryland?”
STATUS: This bill was introduced on Feb. 10,
2012, and was referred to the House Judiciary
and Health and Government Operations
Committees. It died upon adjournment on April
9, 2012.
DEAD
Maryland Senate Bill 241
This bill would have allowed same-sex
couples to marry in Maryland. Note: The
House version of this bill was signed into law
and was then referred to the November 2012
ballot where 51.9 percent of Maryland voters
approved the law.
STATUS: This bill was introduced on Jan.
20, 2012, and was referred to the Senate
Judicial Proceedings Committee. It died upon
adjournment on April 9, 2012.
DEAD
Minnesota House Bill 1710/Senate Bill 1427
These bills would have amended the state
marriage laws to make them gender neutral,
thereby allowing same-sex couples to marry in
Minnesota.
STATUS: HB 1710 was introduced in the
House on May 14, 2011, and was referred to
the House Civil Law Committee. SB 1427 was
introduced in the Senate on May 16, 2011,
and was referred to the Senate Judiciary and
Public Safety Committee. Both bills died upon
adjournment on May 10, 2012.
Marriage-Related Bills DEAD
DEAD
Maine Legislative Document 1860
This bill would have allowed same-sex couples
to marry.
STATUS: This bill was introduced on March 12,
2012. It died on March 14, 2012, when it was
indefinitely postponed.
DEAD
Missouri Senate Joint Resolution 45
This resolution would propose a state
constitutional amendment that would, in part,
read, “The state also shall not recognize,
enforce, or act in furtherance of any federal
actions that: ... mandate the recognition of
same sex marriage or civil unions; increase the
punishment for a crime based on perpetrator’s
thoughts or designate a crime as a hate crime;
interpret the establishment clause as creating a
wall of separation between church and state...”
STATUS: This resolution was introduced on
Jan. 9, 2012. It passed the Senate General
Laws Committee on April 3, 2012. It died upon
adjournment on May 30, 2012.
DEAD
New Hampshire House Bill 437
This bill would have ended marriage for samesex couples.
STATUS: This bill was introduced in the House
on Jan. 21, 2011. It passed the House Judiciary
Committee on Nov. 2, 2011. The bill failed in
the full House on March 21, 2012, by a vote of
211 to 116. It formally died upon adjournment
on June 27, 2012.
DEAD
New Hampshire House Bill 443
This bill would have established that marriage
between one man and one woman would be the
only legal domestic union that would be valid in
or recognized by the state.
STATUS: This bill was introduced in the
House on Jan. 21, 2011. The House Judiciary
Committee voted the bill “inexpedient to
legislate” on Nov. 2, 2011. It died upon
adjournment on June 27, 2012.
DEAD
New Hampshire House Bill 1264
This bill would have permitted an individual to
choose not to provide accommodations, goods,
www.hrc.org/statetostate
25
Marriage-Related Bills
or services for a marriage if doing so would
violate his or her conscience or religious faith.
STATUS: This bill was introduced in the
House on Jan. 4, 2011. The House Judiciary
Committee voted the bill “inexpedient to
legislate” on Feb. 22, 2012. It died upon
adjournment on June 27, 2012.
Marriage-Related Bills DEAD
DEAD
New Jersey Assembly Bill 1/
Assembly Bill 350
These bills would have allowed same-sex
couples to marry.
Note: An alternative version was passed by both
chambers and vetoed by the governor. An effort
to override the veto is ongoing.
STATUS: AB 1 was introduced in the Assembly
on Jan. 17, 2012, and AB 350 was introduced
in the Assembly on Jan. 10, 2012. Both bills
were assigned to the Assembly Judiciary
Committee. AB 350 was withdrawn from
consideration on Jan. 17, 2012. AB 1 died
when it was substituted by another bill on Feb.
16, 2012.
DEAD
New Mexico House Joint Resolution 22
This resolution would have proposed to amend
the state constitution to read, “Marriage in this
state shall consist only of the union of one
man and one woman. A marriage, civil union
or similar relationship entered into by persons
of the same sex that is recognized by another
state or foreign jurisdiction is void and shall
not be recognized for any purpose in this state.
In the exercise of the state’s police power
and recognizing the state’s strong interest in
governing the relationships between married
persons, the provisions of this section shall
apply retroactively.”
STATUS: This resolution was introduced
on Jan. 24, 2012, and was referred to the
Consumer & Public Affairs, Judiciary, and
Voters & Elections Committees. It died upon
adjournment on Feb. 16, 2012.
DEAD
North Carolina Senate Bill 106
This bill would have proposed an amendment to
the state constitution reading, “Marriage between a
man and a woman is the only domestic legal union
that shall be valid or recognized in this State.” Note:
A similar bill passed the legislature and appeared
on the May 2012 ballot. It passed with 61 percent
of the vote.
STATUS: This bill was introduced on Feb. 22,
2011, and was referred to the Committee on
Rules and Operations of the Senate. It died upon
adjournment on July 3, 2012.
DEAD
Pennsylvania House Bill 1434
This bill would have proposed to amend the
26
Equality from State to State 2O12
state constitution to read, “Marriage is the
legal union of only one man and one woman
as husband and wife and no other legal union
that is treated as marriage or the substantial
equivalent thereof shall be valid or recognized.”
STATUS: This bill was introduced in the House
on May 3, 2011, and was referred to the
State Government Committee. It died upon
adjournment on Nov. 30, 2012.
DEAD
Pennsylvania House Bill 1835/
Senate Bill 461
These bills would have allowed same-sex
couples to marry.
STATUS: SB 461 was introduced in the Senate
on Feb. 9, 2011, and was referred to the Senate
Judiciary Committee. HB1835 was introduced
in the House on Sept. 19, 2011, and was
referred to the House Judiciary Committee.
Both bills died upon adjournment on Nov. 30,
2012.
DEAD
Washington House Bill 1963/
House Bill 2516/Senate Bill 5793
These bills would have allowed same-sex
couples to marry in Washington. Note: An
alternative version was signed into law and
referred to the November 2012 ballot where
53.7 percent of Washington voters approved
the law.
STATUS: HB 2516 was introduced on Jan.
17, 2012, and a substitute version passed
the House Committee on Judiciary on Jan.
30, 2012. SB 5793 was introduced in the
Senate on Feb. 14, 2011, and was referred to
the Committee on Government Operations,
Tribal Relations & Elections. HB 1963 was
introduced in the House on Feb. 15, 2011, and
was referred to the Committee on Judiciary. All
bills died upon adjournment on March 8, 2012.
DEAD
Washington House Joint Resolution 4211
This resolution would have proposed an
amendment to the Washington Constitution
reading, “Recognizing that marriage between
persons other than a male and a female
has never been authorized or recognized by
law in this state, only marriage between a
man and a woman is valid and recognized in
Washington. The uniting of two persons other
than one male and one female in any marital
relationship, although recognized as valid in
another jurisdiction, is not recognized as valid
in this state. The provisions of this section
shall supersede any other provision of this
Constitution, including any conflicting provisions
in Article I, Article IV, and Article XXXI of this
Constitution.”
STATUS: This resolution was introduced in
the House on Jan. 21, 2011, and was referred
Other Relationship-Recognition Bills
DEAD
West Virginia House Joint Resolution 14
This resolution would have proposed an
amendment to the state constitution reading,
“Marriage, to be valid and recognized in the
State of West Virginia, shall consist only of the
legal union between one man and one woman.
Neither this Constitution, nor any other provision
of law shall be construed to require that
marital status, or the legal incidents thereof, be
conferred upon any other domestic union that
intends to approximate the design, qualities,
significance or effect of marriage.”
STATUS: This resolution was introduced
on Jan. 11, 2012, and was referred to the
Constitutional Revision Committee. It died
upon adjournment on March 16, 2012.
DEAD
West Virginia House Joint Resolution 18/
Senate Joint Resolution 2
These resolutions would have proposed an
amendment to the state constitution reading,
“Only a union between one man and one
woman may be a marriage valid in or recognized
by this state and its political subdivisions. This
state and its political subdivisions shall not
create or recognize a legal status for same sex
relationships to which is assigned the rights,
benefits, obligations, qualities or effects of
marriage.”
STATUS: Both resolutions were introduced
on Jan. 11, 2012. HJR 18 was referred to the
House Constitutional Revision Committee and
SJR 2 was referred to the Senate Judiciary
Committee. Both resolutions died upon
adjournment on March 16, 2012.
DEAD
Wisconsin Assembly Resolution 138
This resolution would have proposed to repeal
the state “Defense of Marriage” amendment
which prohibits marriage and many forms of
relationship recognition for same-sex couples.
STATUS: This resolution was introduced on
March 15, 2012, and was referred to the
Committee on Assembly Organization. It died
on March 23, 2012, pursuant to a Senate
resolution.
Other RelationshipRecognition Bills
PASSED
California Senate Bill 987
This bill, in part, provides that all references
to “Spouse,” “Surviving spouse,” or “Marriage”
in provisions related to public employees’
retirement shall be applied equally to a domestic
partner or domestic partnership.
STATUS: This bill was introduced in the
Senate on Jan. 31, 2012. It passed the Senate
Committee on Public Employees, Retirement
and Social Security on April 10, 2012, the
Senate Committee on Appropriations on April
26, 2012, and the full Senate on May 3, 2012. It
then passed the Assembly Committee on Public
Employees, Retirement, and Social Security
on June 20, 2012, the Assembly Committee
on Appropriations on Aug. 9, 2012, and the
full Assembly on Aug. 22, 2012. The Senate
concurred in the Assembly amendments on Aug.
27, 2012. The bill was signed into law by the
governor on Sept. 30, 2012.
Other Relationship-Recognition Bills ACTIVE
to the Committee on Judiciary. It died upon
adjournment on March 8, 2012.
ACTIVE
New Jersey Assembly Bill 837
This bill provides that a public official may
refuse to solemnize civil unions if solemnization
conflicts with the public official’s conscience or
sincerely held moral or religious beliefs.
STATUS: This bill was introduced in the
Assembly on Jan. 10, 2012, and was referred to
the Assembly Judiciary Committee.
ACTIVE
New York Assembly Bill 1713/
Senate Bill 4092
This bill would, in part, expand the definition of
family member to include domestic partners
for purposes of making statements at the
sentencing of a defendant.
STATUS: AB 1713 was introduced in the
Assembly on Jan. 11, 2011, and was referred
to the Assembly Codes Committee. It was rereferred to the Assembly Codes Committee
on Jan. 4, 2012. SB 4092 was introduced
in the Senate on March 17, 2011. It passed
the Senate Codes Committee on May 10,
2011, and the full Senate on June 1, 2011.
It died in the Assembly on Jan. 4, 2012. The
bill passed the full Senate again on Feb. 13,
2012, and was referred to the Assembly Codes
Committee.
ACTIVE
New York Assembly Bill 3030/
Senate Bill 70
These bills would allow employer-provided
domestic partner benefits to be taxed at the
same rate as employer-provided spousal
benefits under state law.
STATUS: SB 70 was introduced in the Senate
on Jan. 5, 2011, and was referred to the Senate
Investigations and Government Operations
Committee. AB 3030 was introduced in the
Assembly on Jan. 21, 2011. It passed the
Assembly Ways and Means Committee on
June 2, 2011, the Assembly Rules Committee
on June 6, 2011, and the full Assembly on June
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27
Other Relationship-Recognition Bills
6, 2011. It died in the Senate on Jan. 4, 2012.
AB 3030 passed again in the Assembly on Jan.
24, 2012. AB 3030 was referred to the Senate
Investigations and Government Operations
Committee.
Other Relationship-Recognition Bills DEAD
ACTIVE
New York Assembly Bill 3592/
Senate Bill 629
These bills would expand eligibility for those
who receive awards under crime victims’
compensation to include a domestic partner.
STATUS: SB 629 was introduced in the Senate
on Jan. 5, 2011, and was referred to the
Senate Crime Victims, Crime, and Corrections
Committee. It was re-referred to the Senate
Crime Victims, Crime, and Corrections
Committee on Jan. 4, 2012. AB 3592 was
introduced in the Assembly on Jan. 26, 2011. It
passed the Assembly Government Operations
Committee on March 15, 2011, the Assembly
Codes Committee on March 22, 2011, the
Assembly Ways and Means Committee on
April 11, 2011, the Assembly Rules Committee
on April 11, 2011, and the full Assembly on
April 12, 2011. It died in the Senate on Jan.
4, 2012. The bill was passed again by the
Assembly on April 26, 2012, and was then
referred to the Senate Crime Victims, Crime,
and Corrections Committee.
ACTIVE
New York Senate Bill 382
This bill would, in part, amend the financial
disclosure forms (required to be filed by every
statewide elected official, state officer or employee,
member of the legislature, legislative employee,
political party chairman, and every candidate for
statewide elected office) to treat domestic partners
in the same manner as spouses.
STATUS: This bill was introduced in the Senate
on Jan. 5, 2011, and was referred to the
Finance Committee. It was re-referred to the
Finance Committee on Jan. 4, 2012.
ACTIVE
New York Senate Bill 5130
This bill would amend the definition of domestic
partner to be gender neutral for purposes of
employees eligible for funeral or bereavement
leave.
STATUS: This bill was introduced in the Senate
on May 3, 2011, and was referred to the Codes
Committee. It was re-referred to the Codes
Committee on Jan. 4, 2012.
ACTIVE
Rhode Island House Bill 7753/
Senate Bill 2503
These bills would amend the civil unions
law to provide for reasonable religious
accommodations including prohibiting
governmental intervention or interference with
28
Equality from State to State 2O12
a religious institutions’ doctrine, policy, and/
or teachings with respect to which couples
may join together within a particular faith’s
tradition. They would also immunize religious
organizations and officials from any civil
claim based on their refusal to solemnize or
accommodate a civil union.
STATUS: These bills were introduced in their
respective chambers on Feb. 16, 2012. The
House Judiciary Committee recommended the
bill be held for further study on May 2, 2012.
DEAD
Arizona House Bill 2738
This bill would have established civil unions.
STATUS: This bill was introduced in the House
on Feb. 8, 2012, and was referred to the
Judiciary and Rules Committees. It died upon
adjournment on May 3, 2012.
DEAD
Colorado House Bill 1006/Senate Bill 2
These bills would have established civil unions.
STATUS: SB 2 was introduced in the Senate
on Jan. 11, 2012. It passed the Committee on
Judiciary on Feb. 15, 2012, the Committee on
Finance on Feb. 16, 2012, the Committee on
Appropriations on April 17, 2012, and the full
Senate on April 26, 2012. The bill then passed
the House Committee on Judiciary on May 3,
2012, the Committee on Finance on May 4,
2012, and the Committee on Appropriations on
May 8, 2012. The bill died upon adjournment
on May 9, 2012. The governor brought the
legislature into special session, in part,
to reconsider civil unions. HB 1006 was
introduced in the House on May 14, 2012.
It was assigned to the House Committee on
State, Veterans, & Military Affairs where it was
postponed indefinitely on May 17, 2012.
DEAD
Florida House Bill 139/Senate Bill 166
These bills would have established
comprehensive domestic partnerships.
STATUS: Both bills were introduced in their
respective chambers on Jan. 10, 2012. HB139
was referred to the House Civil Justice
Subcommittee, the Appropriations Committee,
and the Judiciary Committee. SB 166 was
referred to the Senate Children, Families, and
Elder Affairs, Judiciary, Health Regulation,
and Budget Committees. They died upon
adjournment on March 9, 2012.
DEAD
Indiana Senate Resolution 12
This resolution would have urged the Legislative
Council to assign the Senate Judiciary
Committee the task of studying alternatives to
civil marriage and making recommendations.
STATUS: This resolution was introduced on
Jan. 17, 2012, and was referred to the Judiciary
Anti-Discrimination Bills
DEAD
Minnesota House Bill 1746/House Bill 1761
These bills would have created civil unions for
all couples in lieu of marriage.
STATUS: HB 1746 was introduced in the
House on May 20, 2011, and HB 1761 was
introduced in the House on May 23, 2011.
Both bills were referred to the House Civil Law
Committee. They died upon adjournment on
May 10, 2012.
DEAD
Pennsylvania House Bill 708
This bill would have created civil unions.
STATUS: This bill was introduced in the House
on Feb. 16, 2011, and was referred to the
Judiciary Committee. It died upon adjournment
on Nov. 30, 2012.
DEAD
Pennsylvania House Bill 1828
This bill would have amended state tax law to
make the inheritance tax upon the transfer
of property passing to or for the use of an
individual in a domestic partnership the same
rate as for spouses.
STATUS: This bill was introduced in the House
on Sept. 13, 2011, and was referred to the
Finance Committee. It died upon adjournment
on Nov. 30, 2012.
DEAD
Vermont House Bill 276
This bill would have provided, upon application, an
expedited process for dissolving the civil union of a
couple upon their marriage to one another.
STATUS: This bill was introduced in the
House on Feb. 17, 2011, and was referred to
the Committee on the Judiciary. It died upon
adjournment on May 5, 2012.
DEAD
Vermont House Bill 419
This bill would have provided access to a civil
union dissolution to nonresident couples joined in
a Vermont civil union who are legally barred from
dissolving the union in their state of residence,
provided that the parties file a stipulation outlining
an agreement executed by both parties that sets
out the terms and conditions of resolution for all
issues in the dissolution action.
STATUS: This bill was introduced on March 8,
2011, and was referred to the Committee on
Judiciary. It died upon adjournment on May 5,
2012.
DEAD
Washington House Bill 1420
This bill would have modified the state definition
of domestic partnership to recognize two
unmarried adults, regardless of sex, for the
purpose of receiving domestic partner benefits
for state employees.
STATUS: This bill was introduced in the House
on Jan 20, 2011. It passed the Committee on
Ways and Means on Feb. 10, 2011. It died
upon adjournment on March 8, 2012.
DEAD
West Virginia House Bill 4569
This bill would have established civil unions.
STATUS: This bill was introduced on Feb.
16, 2012, and was referred to the Judiciary
Committee. It died upon adjournment on March
16, 2012.
Anti-Discrimination Bills PASSED
Committee. It died upon adjournment on March
9, 2012.
Anti-discrimination Bills:
PASSED
Arizona Senate Bill 1365
This bill prohibits government entities from denying,
revoking, or suspending a person’s professional
or occupational license when a person declines
to provide, facilitate, or participate in providing any
service that violates the person’s sincerely held
religious beliefs. In addition, it prohibits government
entities from directly or indirectly conditioning
contracts for goods and services on a religious
organization’s “willingness to alter its exercise of
religion or its definition, development, practice, or
expression of religious beliefs.”
STATUS: This bill was introduced in the
Senate on Jan. 26, 2012. It passed the Senate
Government Committee on Feb. 23, 2012,
and the full Senate on Feb. 28, 2012. The bill
passed the House Employment and Regulatory
Affairs Committee on March 1, 2012, and the
full House on April 16, 2012. It was signed into
law by the governor on May 11, 2012.
PASSED
California Assembly Bill 1960
This bill requires the Department of General
Services to include in its report on contracting
activity information regarding the level of
participation of lesbian-, gay-, bisexual-, or
transgender-owned businesses in specified
contracts. Prior law already required reporting on
the level of participation of business enterprises by
race, ethnicity, and gender of owner.
STATUS: This bill was introduced in the
Assembly on Feb. 23, 2012. It passed the
Assembly Committee on Business, Professions,
and Consumer Protection on April 11, 2012, the
Assembly Committee on Appropriations on April
25, 2012, and the full Assembly on April 30,
2012. It then passed the Senate Committee on
Governmental Organization on June 26, 2012,
the Senate Committee on Appropriations on
Aug. 6, 2012, and the full Senate on Aug. 22,
2012. The Assembly concurred in the Senate
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29
Anti-Discrimination Bills
amendments on Aug. 27, 2012. The bill was
signed into law by the governor on Sept. 30,
2012.
Anti-Discrimination Bills ACTIVE
PASSED
California Assembly Joint Resolution 43
This resolution calls upon Congress and
the president of the United States to pass
legislation that expressly includes sexual
orientation and gender identity in all federal
antidiscrimination laws.
STATUS: This resolution was introduced in
the Assembly on July 2, 2012. It passed the
Assembly Committee on Judiciary on Aug. 6,
2012, and was adopted by the full Assembly
on Aug. 9, 2012. It then passed the Senate
Committee on Judiciary on Aug. 15, 2012, and
was adopted by the full Senate on Aug. 27,
2012. The resolution was enrolled and filed
with the secretary of state on Sept. 18, 2012.
PASSED
Utah Senate Joint Resolution 3
This resolution, in part, instructs the Legislative
Management Committee to study employment
discrimination on the basis of sexual orientation
and gender identity.
STATUS: This resolution was introduced in the
Senate on March 8, 2012. It passed the Senate
and House on March 8, 2012. The resolution
was enrolled on March 19, 2012.
PASSED
Vermont House Concurrent Resolution 354
This resolution celebrates the 20th anniversary
of Act 135, Vermont’s sexual orientation antidiscrimination law and the vital role played in
its passage by Representative Ron Squires,
Vermont’s first openly gay state legislator.
STATUS: This resolution was introduced and
adopted by both the House and Senate on
April 13, 2012.
ACTIVE
Massachusetts House Bill 970
This bill would prohibit the state from denying
benefits to anyone discharged solely under Article
125 of the Uniform Code of Military Justice when
such discharge was the result of consensual
behavior between legal adult persons, and from
denying benefits to the same-sex spouse or
beneficiary of a veteran.
STATUS: This bill was introduced in the House
on Jan. 19, 2011, and was referred to the Joint
Committee on Veterans and Federal Affairs. The
House issued a study order on Sept. 27, 2012.
ACTIVE
New Jersey Assembly Bill 2650
This bill would provide that a discriminatory
compensation decision or other employment
practice that is unlawful under the “Law Against
Discrimination” occurs on each occasion that
30
Equality from State to State 2O12
compensation is paid in furtherance of that
discriminatory decision or practice. The language
reflects the federal “Lilly Ledbetter Fair Pay Act
of 2009”; however, unlike the federal law, it would
apply to discrimination on the basis of sexual
orientation and gender identity.
STATUS: AB 2650 was introduced in the
Assembly on March 5, 2012. It passed the
Assembly Women and Children Committee on
March 8, 2012, and the full Assembly on March
15, 2012. It then passed the Senate Labor
Committee on June 7, 2012, and the full Senate
on June 21, 2012. The bill was conditionally
vetoed by the governor on Sept. 24, 2012.
ACTIVE
New York Assembly Bill 881
This bill would require in any criminal trial or
proceeding the court to instruct the jury, “Do
not let bias, sympathy, prejudice, or public
opinion influence your decision. Bias includes
bias against the victim or victims or witness or
witnesses, based upon his or her race, color,
national origin, ancestry, gender, religion,
religious practice, age, disability, gender identity
or gender expression, or sexual orientation.”
STATUS: This bill was introduced on Jan.
5, 2011, and was referred to the Codes
Committee. It was held for consideration in the
Codes Committee on June 5, 2012.
ACTIVE
New York Assembly Bill 3742/
Senate Bill 1973/Senate Bill 2390
These bills would require that “people of all
races, cultures, religions, incomes, education
levels, and sexual preference” be treated
equally with regard to the development and
enforcement of environmental laws, regulations,
and policies.
STATUS: SB 1973 was introduced in the
Senate on Jan. 14, 2011, SB 2390 was
introduced in the Senate on Jan. 19, 2011,
and AB 3742 was introduced in the Assembly
on Jan. 27, 2011. The bills were referred to
their respective Environmental Conservation
Committees. They were all re-referred to
their respective Environmental Conservation
Committees on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 4426
This bill would authorize the Office of Children
and Family Services to establish policies and
procedures affording all children in OCFS
facilities an environment free from harassment
and discrimination based on actual or perceived
race, national origin, ethnic group, religion,
disability, sexual orientation, gender, or sex.
Gender is defined to include gender identity.
STATUS: This bill was introduced in the
Assembly on Feb. 3, 2011. It passed the
Assembly Children and Families Committee on
Anti-Discrimination Bills
ACTIVE
New York Assembly Bill 4427
This bill would, in part, require that youth in
detention and residential programs be free
to express their gender identity through
appropriate undergarments and hairstyles. It
would also prohibit youth from being subjected
to discrimination based on actual or perceived
race, color, national origin, ethnic group, religion,
religious practice, disability, sexual orientation,
gender, gender identity, or sex.
STATUS: This bill was introduced in the
Assembly on Feb. 3, 2011, and was referred
to the Children and Families Committee. It
was re-referred to the Children and Families
Committee on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 5039/
Senate Bill 2873/Senate Bill 6349
These bills would amend the state
nondiscrimination laws to prohibit discrimination
on the basis of gender identity and expression
in credit, education, employment, housing, and
public accommodations. In addition, the bills
would add gender identity to the protected
classes in the state hate crimes law.
STATUS: SB 2873 was introduced in the Senate
on Feb. 2, 2011, and was referred to the Senate
Investigations and Government Operations
Committee. It was re-referred to the Senate
Investigations and Government Operations
Committee on Jan. 4, 2012. AB 5039 was
introduced in the Assembly on Feb. 10, 2011. It
passed the Assembly Governmental Operations
Committee on March 8, 2011, the Assembly
Codes Committee on May 3, 2011, and the full
Assembly on June 14, 2011. It died in the Senate
on Jan. 4, 2012. The bill was passed again by the
Assembly on April 30, 2012, and was referred
to the Senate Codes Committee. SB 6349 was
introduced in the Senate on Jan. 31, 2012, and
was referred to the Senate Investigations and
Government Operations Committee.
ACTIVE
New York Assembly Bill 9602/
Senate Bill 6187
These bills would, in part, establish policies and
procedures to prohibit traffic stops that result
in the stopping, detention, or search of any
person when such action is solely motivated by
considerations of race, color, ethnicity, national
origin, age, gender, or sexual orientation.
STATUS: SB 6187 was introduced in the
Senate on Jan. 11, 2012, and was referred
to the Senate Finance Committee. AB 9602
was introduced in the Assembly on March
20, 2012, and was referred to the Assembly
Governmental Operations Committee.
ACTIVE
Virginia Senate Bill 263
This bill would amend the Virginia Human
Rights Act to add sexual orientation, defined
to include gender identity, as a protected
category. The Act covers discrimination in
education, employment, housing, and public
accommodations.
STATUS: This bill was introduced on Jan. 10,
2012, and was referred to the Committee on
General Laws and Technology.
Anti-Discrimination Bills DEAD
May 17, 2011, the Assembly Codes Committee
on May 24, 2011, and the full Assembly on
June 1, 2011. It died in the Senate on Jan. 4,
2012. The bill passed the Assembly again on
Jan. 31, 2012. It was referred to the Senate
Children and Families Committee.
DEAD
Alabama House Bill 26
This bill would have prohibited employment
discrimination against state employees and
teachers based on gender identity or sexual
orientation.
STATUS: This bill was introduced in the House
on Feb. 7, 2012, and was referred to the
Committee on Judiciary. It died on May 16,
2012, upon adjournment.
DEAD
Arizona Senate Bill 1493
This bill would have added gender, gender
identity, and sexual orientation as protected
classes to the existing employment nondiscrimination law.
STATUS: This bill was introduced on Jan. 31,
2012, and was referred to the Commerce
and Economic Development and Rules
Committees. It died upon adjournment on May
3, 2012.
DEAD
California Assembly Bill 1364
This bill would have expanded the list of criteria
upon which a talent agency may not discriminate
against an artist to include those criteria identified
in the California Fair Employment and Housing Act,
including sexual orientation and sex, defined to
include gender identity.
STATUS: This bill was introduced in the
Assembly on Feb. 18, 2011. It passed the
Committee on Labor and Employment on
April 14, 2011, the Committee on Arts,
Entertainment, Sports, Tourism, and Internet
Media on May 9, 2011, and the Committee
on Appropriations on May 18, 2011. The bill
passed the full Assembly on May 26, 2011.
It was referred to the Senate Committees on
Judiciary and Labor and Industrial Relations. It
died upon adjournment on Nov. 30, 2012.
DEAD
California House Resolution 38
This resolution would have “condemn[ed]
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31
Anti-Discrimination Bills
Anti-Discrimination Bills PASSED
all forms of intolerance of religious beliefs
and expressing those beliefs... recognize[d]
the rights of the First Amendment to the
Constitution while promoting and protecting
the freedoms of speech and religion without
government persecution; and... [resolved] That
these rights preclude exclusion from commerce
based upon the freedom of beliefs.”
STATUS: This resolution was introduced in the
Assembly on Aug. 16, 2012. The Assembly
Committee on Judiciary refused to adopt the
resolution on Aug. 28, 2012.
DEAD
California Senate Bill 416
This bill would have required the director of
General Services to provide notice to state
agencies, form management representatives,
and departmental forms coordinators that in
the usual course of reviewing and revising all
surveys that collect demographic data and
that are administered, or funded fully or in
part, by the state, appropriate voluntary selfidentification information shall be collected by
the surveys pertaining to sexual orientation
and gender identity and gender expression. In
addition, it would have specified that surveys
that ask about marital status shall also ask
about registered domestic partnership status
and about the sex of the spouse or partner.
STATUS: This bill was introduced in the
Senate on Feb. 16, 2011. It passed the Senate
Committee on Governmental Organization
on March 22, 2011, the Senate Committee
on Appropriations on May 26, 2011, and
the full Senate on June 1, 2011. It passed
the Assembly Committee on Health on
July 6, 2011, the Assembly Committee on
Appropriations on Aug. 26, 2011, and the
full Assembly on Sept. 8, 2011. The Senate
concurred in the Assembly amendments on
Sept. 9, 2011. The bill was vetoed by the
governor on Oct. 9, 2011. Consideration of the
governor’s veto was stricken and the veto was
sustained on March 1, 2012.
32
orientation and gender identity as protected
categories. The law covers discrimination in
education, employment, housing, and public
accommodations.
STATUS: Both bills were introduced in their
respective chambers on Jan. 10, 2012. HB
247 was referred to the House Business and
Consumer Affairs Subcommittee, Civil Justice
Subcommittee, Appropriations Committee,
and Economic Affairs Committee. SB 340 was
referred to the Judiciary, Regulated Industries,
and Commerce and Tourism Committees. They
died upon adjournment on March 9, 2012.
DEAD
Georgia House Bill 630
This bill would have prohibited employment
discrimination on the basis of sexual orientation
and gender identity for public employees.
STATUS: This bill was introduced on March 31,
2011. It died upon adjournment on March 29,
2012.
DEAD
California Senate Joint Resolution 2
This resolution would have urged the president,
Congress, and secretary of defense of the
United States to end the policy of levying fines
on lesbian, gay, and bisexual service members
discharged under the military’s “Don’t Ask, Don’t
Tell, Don’t Pursue, Don’t Harass” law.
STATUS: This resolution was introduced
on March 9, 2011, and was referred to the
Committee on Veterans Affairs. It died upon
adjournment on Nov. 30, 2012.
DEAD
Kansas House Bill 2260/House Bill 2384/
Senate Bill 142
These bills would have provided that
“Government shall not substantially burden a
person’s exercise of religion even if the burden
results from a rule of general applicability,
unless such government demonstrates, by clear
and convincing evidence, that application of
the burden to the person: (1) Is in furtherance
of a compelling governmental interest; and (2)
is the least restrictive means of furthering that
compelling governmental interest.” However,
they would have prohibited application of the
law to marriages and relationships in violation
of the Kansas Constitution (i.e. same-sex
couples). In addition, they would have applied to
all government action including, but not limited
to, all state and local laws, ordinances, rules,
regulations, and policies.
STATUS: HB 2260 was introduced in the
House on Feb. 9, 2011, and passed the House
Judiciary Committee on March 7, 2012. HB
2384 was introduced in the House on March
11, 2011, and was referred to the House
Committee on Federal and State Affairs.
SB 142 was introduced in the Senate on
Feb. 8, 2011. It passed the Senate Judiciary
Committee on March 21, 2011, and the full
Senate on March 23, 2011. A substitute bill
passed the House Judiciary Committee on
March 16, 2012, and the full House on March
29, 2012. It was sent to conference committee
on April 25, 2012. All three bills died upon
adjournment on June 1, 2012.
DEAD
Florida House Bill 247/Senate Bill 340
These bills would have amended the Florida
Civil Rights Act of 1992 to add sexual
DEAD
Kansas House Bill 2636
This bill would have added sexual
orientation and gender identity to the state
Equality from State to State 2O12
non-discrimination law covering public
accommodations and government services.
STATUS: This bill was introduce on Feb.
6, 2012, and was referred to the Judiciary
Committee. It died upon adjournment on June
1, 2012.
STATUS: This bill was introduced on March 12,
2012, and passed the Committee on Labor and
Industrial Relations on April 3, 2012. It failed to
pass the full Senate on May 2, 2012, but was
scheduled for reconsideration. It died upon
adjournment on June 4, 2012.
DEAD
Kansas Senate Bill 53
This bill would have added sexual orientation
and gender identity to the list of protected
categories in Kansas anti-discrimination laws
including employment, housing, and public
accommodations.
STATUS: This bill was introduced on Jan.
25, 2011, and was referred to the Committee
on Federal and State Affairs. It died upon
adjournment on June 1, 2012.
DEAD
Maryland Senate Bill 212
This bill would have amended existing nondiscrimination law to add gender identity as a
protected category in employment, housing,
and public accommodations. In addition, the
bill would have added sexual orientation and
gender identity to the non-discrimination
provisions for state government employment.
STATUS: This bill was introduced on Jan.
20, 2012, and was referred to the Senate
Judicial Proceedings Committee. It died upon
adjournment on April 9, 2012.
DEAD
Kentucky House Bill 188/Senate Bill 69
These bills would have added sexual
orientation and gender identity to the
state non-discrimination laws regarding
credit, employment, housing, and public
accommodations.
STATUS: These bills were introduced in their
respective chambers on Jan. 3, 2012, and
were referred to their chambersâ&#x20AC;&#x2122; Judiciary
Committees. Both bills died upon adjournment
on April 12, 2012.
DEAD
Louisiana House Bill 691
This bill would have prohibited discrimination
in state employment on the basis of sexual
orientation, defined to include gender identity.
STATUS: This bill was introduced on March 1,
2012, and was referred to the Committee on
House and Governmental Affairs. It died upon
adjournment on June 4, 2012.
Anti-Discrimination Bills ACTIVE
Anti-Discrimination Bills
DEAD
Michigan House Bill 5039
This bill would have prohibited any state agency
or unit of local government from adopting
any ordinance, rule, regulation, or policy that
includes, as a protected class, any classification
not specifically included as a protected class
under the state non-discrimination law. In
addition, any existing ordinance, rule, regulation,
or policy that includes, as a protected class,
any classification not specifically included as a
protected class under the state law would have
been void.
STATUS: This bill was introduced on Oct.
5, 2011, and was referred to the Judiciary
Committee. It died upon adjournment on Dec.
27, 2012.
DEAD
Louisiana Senate Bill 100
This bill would have prohibited discrimination
in state employment on the basis of sexual
orientation and gender identity.
STATUS: This bill was introduced on Feb. 20,
2012, and was referred to the Committee on
Labor and Industrial Relations. It died upon
adjournment on June 4, 2012.
DEAD
Michigan Senate Bill 1063
This bill would have amended the ElliotLarsen Civil Rights Act to add sexual
orientation and gender identity as protected
categories, prohibiting discrimination in
education, employment, housing, and public
accommodations.Â
STATUS: This bill was introduced on April
17, 2012, and was referred to the Senate
Committee on Government Operations. It died
upon adjournment on Dec. 27, 2012.
DEAD
Louisiana Senate Bill 217
This bill would have prohibited state contractors
from including a non-discrimination clause
in any public contact that extends beyond
the protections guaranteed by the state.
Essentially, state contractors could not have
protected LGBT employees in public contracts.
Protections would have been limited to the
categories of race, religion, national ancestry,
age, sex, and disability.
DEAD
Minnesota House Bill 1161/Senate Bill 845
These bills would have eliminated existing
requirements that the Human Rights Act
commissioner educate the public in regards
to compliance with the Act, conduct research,
and study discriminatory practices based
upon race, color, creed, religion, national
origin, sex, age, disability, marital status, status
with regard to public assistance, familial
status, sexual orientation, or other factors,
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33
Anti-Discrimination Bills
Anti-Discrimination Bills ACTIVE
and develop accurate data on the nature and
extent of discrimination and other matters as
they may affect housing, employment, public
accommodations, schools, and other areas of
public life.
STATUS: HB 1161 was introduced in the House
on March 16, 2011, and was referred to the
House Committee on Public Safety and Crime
Prevention Policy and Finance. SB 845 was
introduced in the Senate on March 16, 2011,
and was referred to the Senate Committee on
Judiciary and Public Safety. They both died upon
adjournment on May 10, 2012.
DEAD
Minnesota House Bill 1568/
Senate Bill 2205
These bills would have prohibited judges
and attorneys in court proceedings from
discriminating against a list of enumerated
categories, including sexual orientation, which is
defined to include transgender people.
STATUS: SB 2250 was introduced in the
Senate on March 1, 2012, and was referred
to the Senate Judiciary and Public Safety
Committee. HB 1568 was introduced in the
House on April 26, 2011, and was referred
to the House Judiciary Policy and Finance
Committee. Both bills died upon adjournment
on May 10, 2012.
DEAD
Minnesota Senate Bill 1777
This bill would have amended the law prohibiting
exclusion from jury service to include exclusion
on the basis of marital status or sexual
orientation.
STATUS: This bill was introduced on Feb.
9, 2012, and was referred to the Judiciary
and Public Safety Committee. It died upon
adjournment on May 10, 2012.
DEAD
Missouri House Bill 1500/Senate Bill 798
These bills would have added sexual orientation
and gender identity to the categories covered
by the Missouri Human Rights Act, prohibiting
discrimination in employment, housing, and
public accommodations.
STATUS: HB 1500 was introduced in the
House on Jan. 25, 2012, and was referred to
the House Judiciary Committee. SB 798 was
introduced in the Senate on Feb. 16, 2012,
and was referred to the Senate Progress and
Development Committee. Both bills died upon
adjournment on May 30, 2012.
DEAD
Nebraska Legislative Resolution 478
This resolution would have required an interim
study to examine the issue of discrimination
based on sexual orientation and gender identity
in Nebraska.
34
Equality from State to State 2O12
STATUS: This resolution was introduced on
March 14, 2012, and was referred to the
Judiciary Committee. It died upon adjournment
on April 18, 2012.
DEAD
New Jersey Senate Bill 1933
This bill would provide that a discriminatory
compensation decision or other employment
practice that is unlawful under the “Law Against
Discrimination” occurs on each occasion that
compensation is paid in furtherance of that
discriminatory decision or practice. The language
reflects the federal “Lilly Ledbetter Fair Pay Act
of 2009”; however, unlike the federal law, it would
apply to discrimination on the basis of sexual
orientation and gender identity.
STATUS: This bill was introduced in the Senate
on May 14, 2012, and passed the Senate Labor
Committee on June 7, 2012. It died when an
alternative bill was substituted on June 21,
2012.
DEAD
New York Senate Bill 2922
This bill would have, in part, required that youth
in detention and residential programs be free to
express they gender identity through appropriate
undergarments and hairstyles. It also would
have prohibited youth from being subjected to
discrimination based on actual or perceived race,
color, national origin, ethnic group, religion, religious
practice, disability, sexual orientation, gender,
gender identity, or sex.
STATUS: This bill was introduced in the Senate
on Feb. 3, 2011, and was referred to the Senate
Children and Families Committee. It was rereferred to the Children and Families Committee
on Jan. 4, 2012. It died when the enacting clause
was stricken on March 20, 2012.
DEAD
North Carolina House Bill 478/
Senate Bill 452
These bills would have amended the state’s
equal employment opportunity law to include
sexual orientation and gender identity.
STATUS: HB 478 was introduced in the House
on March 24, 2011, and was referred to the
Committee on Rules, Calendar, and Operations
of the House. SB 452 was introduced in the
Senate on March 29, 2011, and was referred
to the Committee on Rules and Operations of
the Senate. It died upon adjournment on July
3, 2012.
DEAD
North Carolina Senate Bill 305
This bill would have amended the charter of
the town of Carrboro to allow the town to adopt
ordinances prohibiting housing discrimination
on the basis of “sexual orientation, gender
identification, and gender expression.”
Anti-Discrimination Bills
on March 9, 2011, and was referred to the
Committee on Rules and Operations of the
Senate. It died upon adjournment on July 3,
2012.
DEAD
Ohio House Bill 335/Senate Bill 231
These bills would have amended the
state nondiscrimination law to prohibit
discrimination on the basis of sexual orientation
or gender identity in credit, education,
employment, healthcare, housing, and public
accommodations.
STATUS: These bills were introduced in their
respective chambers on Sept. 27, 2011. HB
335 was referred to the House Commerce and
Labor Committee and SB 231 was referred
to the Senate Judiciary Committee. Both bills
died upon adjournment on Dec. 20, 2012.
DEAD
Oklahoma House Bill 1611
This bill would have prohibited judges from
manifesting bias or prejudice, including but not
limited to bias or prejudice based upon race,
sex, religion, national origin, disability, age,
sexual orientation, or socioeconomic status, and
permitting staff, court officials, and others subject
to the judge’s direction and control to do so. In
addition, it would have mandated that a judge
require lawyers in proceedings before the judge
to refrain from manifesting bias or prejudice
based upon the same categories against parties,
witnesses, counsel, or others. Neither sex nor
sexual orientation is defined in the bill.
STATUS: This bill was introduced in the House
on Feb. 7, 2011, and was referred to the
Judiciary Committee. It died upon adjournment
on May 25, 2012.
DEAD
Pennsylvania House Bill 300/Senate Bill
910/Senate Bill 1050
These bills would have amended the
Pennsylvania Human Relations Act to add
sexual orientation and gender identity. The Act
prohibits discrimination in employment, housing,
and public accommodations.
STATUS: SB 910 was introduced in the
Senate on April 6, 2011, and was referred to
the Senate State Government Committee.
HB 300 was introduced in the House on
April 28, 2011, and was referred to the House
State Government Committee. SB 1050 was
introduced in the Senate on May 10, 2011,
and was referred to the State Government
Committee. The bills died upon adjournment
on Nov. 12, 2012.
DEAD
Pennsylvania Senate Bill 280
This bill would have amended the Pennsylvania
Human Relations Act to add familial status and
marital status. The Act prohibits discrimination
in employment, housing, and public
accommodations.
STATUS: This bill was introduced in the Senate
on Jan. 26, 2011, and was referred to the
Labor and Industry Committee. It died upon
adjournment on Nov. 30, 2012.
DEAD
South Dakota Senate Bill 119
This bill would have revised the Human
Relations Act to allow discriminatory practices
based on sexual orientation and gender
identity to be investigated by municipalities and
counties with respect to employment, labor
union membership, housing accommodations,
property rights, education, public
accommodations, or public services.
STATUS: This bill was introduced on Jan. 23,
2012, and was referred to the Health and
Human Services Committee. It died upon
adjournment on March 19, 2012.
Anti-Discrimination Bills ACTIVE
STATUS: This bill was introduced in the Senate
DEAD
Tennessee House Bill 1317/Senate Bill 1132
These bills would have amended the state antidiscrimination law to add sexual orientation
as a protected category. The bills would have
covered employment, public accommodations,
and housing.
STATUS: These bills were introduced in their
respective chambers on Feb. 17, 2011, and
were referred to their respective Judiciary
Committees. They died upon adjournment on
May 1, 2012.
DEAD
Tennessee House Bill 2186/
Senate Bill 2121
These bills would have repealed the Equal
Access to Interstate Commerce Act which
prohibits any local government from imposing
on any person an anti-discrimination practice,
standard, definition, or provision that varies in
any manner from the types of discrimination
recognized by state law.
STATUS: These bills were introduced on Jan.
10, 2012, and were referred to their respective
State and Local Government Committees. Both
bills died upon adjournment on May 1, 2012.
DEAD
Tennessee House Bill 2896/
Senate Bill 2365
These bills would have prohibited entities from
discriminating on the basis of sexual orientation
in practices and contracts.
STATUS: SB 2365 was introduced in the
Senate on Jan. 13, 2012, and was referred
to the Senate State and Local Government
Committee. HB 2896 was introduced on Jan.
25, 2012, and was referred to the House State
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35
Anti-Discrimination Bills
and Local Government Committee. Both bills
died upon adjournment on May 1, 2012.
Anti-Discrimination Bills DEAD
DEAD
Tennessee Senate Bill 2152
This bill would have created the “Tennessee
Civil Rights Initiative Act,” prohibiting the
state from discriminating against or granting
preferential treatment to any individual or group
on the basis of race, sex, color, ethnicity, sexual
orientation, or national origin in the operation
of all aspects of public employment, public
education, or public contracting.
STATUS: This bill was introduced in the Senate
on Jan. 10, 2012, and was referred to the State
and Local Government Committee. It died
when it was withdrawn on Jan. 18, 2012.
DEAD
Utah Senate Bill 51
This bill would have amended the Utah
Antidiscrimination Act and Utah Fair Housing
Act to address discrimination, including
discrimination on the basis of sexual orientation
and gender identity, as it relates to employment
and housing.
STATUS: This bill was introduced on Feb. 2,
2012, and was referred to the Government
Operations and Political Subdivisions
Committee. It died when the enacting clause
was stricken on March 8, 2012.
DEAD
Vermont House Bill 702
This bill would have prohibited, with certain
exceptions, government contracts with
contractors that discriminate against same-sex
couples in the provision of employee benefits.
STATUS: This bill was introduced on Jan. 31,
2012, and was referred to the Committee
on Government Operations. It died upon
adjournment on May 5, 2012.
DEAD
Virginia House Bill 613
This bill would have amended the provision of
law covering state employment to explicitly
prohibit employment discrimination on the
basis of “race, color, religion, political affiliation,
national origin, sex, age, disability, or any other
reason except reasons related to qualifications,
ability, or performance.”
STATUS: This bill was introduced on Jan. 10,
2012, and was assigned to the Subcommittee
on Professions/Occupations and Administrative
Process. It died on Feb. 14, 2012, when it was
left in Committee.
DEAD
Virginia House Bill 692
This bill would have prohibited discrimination
in public employment based on race, color,
religion, national origin, sex, pregnancy,
36
Equality from State to State 2O12
childbirth or related medical conditions, political
affiliation, age, marital status, disability, sexual
orientation, or status as a veteran.
STATUS: This bill was introduced on Jan. 11,
2012, and was referred to the Subcommittee
on Professions/Occupations and Administrative
Process. The Subcommittee recommended
the bill incorporate HB 613. It died on Feb. 14,
2012, when it was left in Committee.
DEAD
Virginia House Bill 694
This bill would have amended the Virginia
Human Rights Act to add sexual orientation and
gender identity as protected categories. The Act
covers discrimination in education, employment,
housing, and public accommodations.
STATUS: This bill was introduced on Jan. 11,
2012, and was referred to the Subcommittee
on Professions/Occupations and Administrative
Process. The Subcommittee recommended
the bill incorporate HB 613. It died on Feb. 14,
2012, when it was left in Committee.
DEAD
Virginia House Bill 977
This bill would have amended the Virginia
Human Rights Act to add sexual orientation,
defined to include gender identity, as
a protected category. The Act covers
discrimination in education, employment,
housing, and public accommodations.
STATUS: This bill was introduced on Jan. 11,
2012, and was referred to the Subcommittee
on Professions/Occupations and Administrative
Process. The Subcommittee recommended
the bill incorporate HB 613. It died on Feb. 14,
2012, when it was left in Committee.
DEAD
Virginia House Bill 1099
This bill would have amended the law regulating
employers with five to 15 employees to prohibit
discrimination on the basis of sexual orientation,
defined to include gender identity.
STATUS: This bill was introduced on Jan. 11,
2012, and was referred to the Subcommittee
on Professions/Occupations and Administrative
Process. The Subcommittee recommended the
bill incorporate HB 1003 (an age discrimination
bill). It died on Feb. 14, 2012, when it was left
in Committee.
DEAD
Virginia House Bill 1175
This bill would have explicitly prohibited
employment discrimination by the state in
violation of the Equal Protection Clause of the
United States Constitution, Article 1, Section
11 of the Virginia Constitution or the Virginia
Human Rights Act. Virginia state employment is
already subject to all of these legal authorities.
STATUS: This bill was introduced on Jan. 17,
Hate Crimes Bills
DEAD
West Virginia House Bill 2045
This bill would have added sexual orientation
to the existing non-discrimination law which
covers employment, housing, and public
accommodations. Sexual orientation was
defined to include gender identity.
STATUS: This bill was introduced on January
11, 2012, and was referred to the Energy,
Industry and Labor, Economic Development,
and Small Business Committee. It died upon
adjournment on March 16, 2012.
DEAD
West Virginia House Bill 2499
This bill would have established an Equal
Employment Opportunity Office within the
Office of the Governor that would have
been authorized to address employment
discrimination based on existing state and
federal law which does include sexual
orientation. A 2012 EEOC ruling may have
allowed the office to address discrimination on
the basis of gender identity.
STATUS: This bill was introduced on Jan. 11,
2012, and was referred to the Government
Organization Committee. It died upon
adjournment on March 16, 2012.
covers employment, housing, and public
accommodations. Sexual orientation would have
been defined to include gender identity.
STATUS: This bill was introduced on Jan.
11, 2012, and was referred to the Judiciary
Committee. It died upon adjournment on March
16, 2012.
Hate Crimes Bills
Hate Crimes Bills PASSED
2012, and was referred to the Subcommittee
on Professions/Occupations and Administrative
Process. The Subcommittee recommended
the bill incorporate HB 613. It died on Feb. 14,
2012, when it was left in Committee.
PASSED
Pennsylvania House Resolution 930/
Senate Resolution 398
These resolutions recognize the week of
October 22 through 26, 2012, as “No Place for
Hate Week” in Pennsylvania and commend the
Anti-Defamation League for its outstanding
efforts to promote peace, brotherhood and
goodwill through its “No Place for Hate”
program.
STATUS: HR 930 was introduced on Oct. 16,
2012, and was adopted by the full House on
Oct. 17, 2012. SR 398 was introduced and
adopted by the full Senate on Oct. 16, 2012.
DEAD
West Virginia House Bill 3015
This bill would have prohibited bullying in the
workplace, including bullying on the basis of
sexual orientation.
STATUS: This bill was introduced on Jan. 11,
2012, and was referred to the Energy, Industry
and Labor, Economic Development, and Small
Business Committee. It died upon adjournment
on March 23, 2012.
PASSED
Rhode Island House Bill 7111/
Senate Bill 2488
These bills added gender identity to the hate
crimes data collection requirements.
STATUS: HB 7111 was introduced in the House
on Jan. 12, 2012. It passed the House Judiciary
Committee on Feb. 1, 2012, and the full House
on Feb. 8, 2012. The bill then passed the Senate
Judiciary Committee on May 29, 2012, and the
full Senate on June 6, 2012. It was signed into
law by the governor on June 8, 2012. SB 2488
was introduced in the Senate on Feb. 16, 2012.
It passed the Senate Judiciary Committee on
April 26, 2012, and the full Senate on May 17,
2012. The House passed in concurrence on May
24, 2012. It was signed into law by the governor
on May 30, 2012.
DEAD
West Virginia House Concurrent
Resolution 93
This resolution would have requested a study
of the issues surrounding bullying in the
workplace, including on the basis of sexual
orientation, and possible remedies for hostile
work environments.
STATUS: This resolution was introduced on
Feb. 28, 2012, and was referred to the Rules
Committee. It died upon adjournment on March
16, 2012.
ACTIVE
Illinois House Bill 4725
This bill would amend the state hate crimes
law to add gender identity, military status, and
immigration status as protected categories.
Existing law already contains provisions on
sexual orientation.
STATUS: This bill was introduced on Feb. 3,
2012, and passed the House Judiciary II Criminal Law Committee on March 1, 2012. It
was re-referred to the House Rules Committee
on March 30, 2012.
DEAD
West Virginia Senate Bill 14
This bill would have added sexual orientation
to the existing non-discrimination law, which
ACTIVE
New York Assembly Bill 2197
This bill would require a police officer to
immediately notify college and university
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37
Hate Crimes Bills
personnel when a bias-related offense may
have been committed upon any student or on
any person on the campus or other college
property.
STATUS: This bill was introduced in the
Assembly on Jan. 14, 2011, and was referred to
the Higher Education Committee. It was rereferred to the Higher Education Committee on
Jan. 4, 2012.
Hate Crimes Bills ACTIVE
ACTIVE
New York Assembly Bill 2526
This bill would provide that the commissioner of
the Division of Human Rights shall have power
to investigate incidents apparently motivated
by racial or other bias and to recommend
prosecution, where appropriate, to the attorney
general or to the appropriate district attorney.
STATUS: This bill was introduced in the
Assembly on Jan. 19, 2011, and was referred
to the Governmental Operations Committee.
It was re-referred to the Governmental
Operations Committee on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 5254
This bill would specify that using commonly
known profane slurs or biased language during
the commission of specified offenses shall be
presumptive evidence of a hate crime.
STATUS: This bill was introduced in the
Assembly on Feb. 14, 2011, and was referred
to the Codes Committee. It was re-referred to
the Codes Committee on Jan. 4, 2012.
ACTIVE
New York Senate Bill 2049
This bill would create the crime of bias-related
criminal mischief where property is defaced with
derogatory references to race, creed, religion,
color, sexual orientation, or national origin.
STATUS: This bill was introduced in the Senate
on Jan. 18, 2011, and was referred to the Codes
Committee. No action was taken in 2012.
ACTIVE
New York Senate Bill 2089
This bill would require police agencies to report
offenses to the division of criminal justice
services which appear to such agency to be
motivated by the race, national origin, religion, or
sexual orientation of the victim, or of the owner,
resident, lessee, or occupant where the offense
is committed against property.
STATUS: This bill was introduced in the Senate
on Jan. 18, 2011, and was referred to the
Investigations and Government Operations
Committee. No action was taken in 2012.
ACTIVE
New York Senate Bill 2412
This bill would create a governor’s advisory
council on bias-related violence.
38
Equality from State to State 2O12
STATUS: This bill was introduced in the Senate
on Jan. 20, 2011, and was referred to the
Finance Committee. It was re-referred to the
Finance Committee on Jan. 4, 2012.
ACTIVE
New York Senate Bill 6201
This bill would require police agencies to report
offenses to the division of criminal justice
services which appear to such agency to be
motivated by the race, national origin, religion, or
sexual orientation of the victim, or of the owner,
resident, lessee, or occupant where the offense
is committed against property.
STATUS: This bill was introduced on Jan. 12,
2012, and was referred to the Investigations
and Government Operations Committee.
DEAD
Alabama House Bill 28
This bill would have added sexual orientation
and gender identity to the state hate crimes law.
STATUS: This bill was introduced in the House
on Feb. 7, 2012, and was referred to the
Committee on Judiciary. It died on May 16,
2012, upon adjournment.
DEAD
Florida House Bill 845/Senate Bill 1124
These bills would have provided that the
term “members of a family,” for purposes of
crime victim compensation, includes domestic
partners.
STATUS: Both bills were introduced in their
respective chambers on Jan. 10, 2012. HB
845 was referred to the House Criminal Justice
Subcommittee, the Justice Appropriations
Subcommittee, and the Judiciary Committee.
SB 1124 was referred to the Senate Criminal
Justice and Budget Committees. They died
upon adjournment on March 9, 2012.
DEAD
Georgia House Bill 1311
This bill would have provided for enhanced
sentences in any case in which the trier of fact
determined beyond a reasonable doubt that the
defendant intentionally selected any victim or
any property of the victim as the object of the
offense because of the victim’s race, religion,
gender, gender identity, sexual orientation, or
national origin.
STATUS: This bill was introduced on March
29, 2012, and died the same day upon
adjournment of the legislature.
DEAD
Georgia Senate Bill 228
This bill would have established a hate
crimes act applicable to incidents in which a
defendant targeted a victim due to the victim’s
race, religion, gender, gender identity, sexual
orientation, or national origin.
Hate Crimes Bills
DEAD
Michigan House Bill 6090
This bill would have amended the hate crimes
prevention law to, in part, add sexual orientation
and gender identity as protected classes.
STATUS: This bill was introduced on Dec. 13,
2012, and was referred to the House Judiciary
Committee. It died on Dec. 27, 2012.
DEAD
Michigan Senate Bill 1174
This bill would have added sexual orientation
and gender identity to the hate crimes
prevention law.
STATUS: This bill was introduced on June
7, 2012, and was referred to the Committee
on Government Operations. It died upon
adjournment on Dec. 27, 2012.
DEAD
Ohio House Bill 235
This bill would have renamed the offense of
“ethnic intimidation,” changing it to “identity
intimidation.” It also would have prohibited a
person from committing identity intimidation
based on the victim���s ethnicity, sexual
orientation, gender, gender identity, or disability.
STATUS: This bill was introduced in the
House on May 18, 2011, and was referred to
the Criminal Justice Committee. It died upon
adjournment on Dec. 20, 2012.
DEAD
Oklahoma House Bill 1845
This bill would have amended the state hate
crimes law to add sexual orientation and gender
identity.
STATUS: This bill was introduced in the House
on Feb. 7, 2011, and was referred to the Rules
Committee. It died upon adjournment on May
25, 2012.
DEAD
Oklahoma Senate Bill 265
This bill would have amended the state hate
crimes law to add gender, sexual orientation,
and gender identity.
STATUS: This bill was introduced in the Senate
on Feb. 7, 2011, and was referred to the
Judiciary and Appropriations Committees. It
died upon adjournment on May 25, 2012.
DEAD
Pennsylvania House Bill 1372/
Senate Bill 586
These bills would have amended the state hate
crimes law to add ancestry, mental or physical
disability, sexual orientation, gender, and gender
identity.
STATUS: SB 586 was introduced in the Senate
on Feb. 18, 2011, and was referred to the
Judiciary Committee. HB 1372 was introduced
in the House on April 25, 2011, and was
referred to the House Judiciary Committee.
Both bills died upon adjournment on Nov. 30,
2012.
DEAD
Pennsylvania House Bill 1535
This bill would have, in part, made it a
misdemeanor to harass a person based on race,
color, national origin, ancestry, gender, religion,
religious practice, age, disability, or sexual
orientation.
STATUS: This bill was introduced in the House
on May 11, 2011, and was referred to the
Judiciary Committee. It died upon adjournment
on Nov. 30, 2012.
Hate Crimes Bills DEAD
STATUS: This bill was introduced on March 7,
2011. It died upon adjournment on March 29,
2012.
DEAD
Pennsylvania House Resolution 911
This resolution would have recognized the week
of October 22 through 26, 2012, as “No Place
for Hate Week” in Pennsylvania and also would
have commended the Anti-Defamation League
for its outstanding efforts to promote peace,
brotherhood, and goodwill through its “No Place
for Hate” program.
STATUS: This resolution was introduced
on Oct. 12, 2012, and was referred to the
State Government Committee. It died upon
adjournment on Nov. 30, 2012.
DEAD
South Carolina House Bill 4239
This bill would have added sexual orientation,
defined to include gender identity, to the state
hate crimes law.
STATUS: This bill was introduced in the House
on May 15, 2011, and was referred to the
Judiciary Committee. It died upon adjournment
on June 7, 2012.
DEAD
Tennessee House Bill 188/Senate Bill 314
These bills would have amended existing state
hate crimes laws to add gender identity and
expression as an enumerated category.
STATUS: HB 188 was introduced in the House
on Jan. 28, 2011, and was referred to the
Judiciary Committee. It died when it failed in
subcommittee on March 28, 2012. SB 314
was introduced in the Senate on Feb. 7, 2011,
and was referred to the Senate Judiciary
Committee. It died upon adjournment on May
1, 2012.
DEAD
Tennessee House Bill 1806/
Senate Bill 1734
These bills would have prohibited bias-based
policing. They would have included enumerated
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39
Parenting Bills
categories including sexual orientation and
gender identity.
STATUS: HB 1806 was introduced in the
House on Feb. 17, 2011, and was referred to
the State and Local Government Committee.
SB 1734 was introduced in the Senate on Feb.
23, 2011, and was referred to the Judiciary
Committee. Both bills died upon adjournment
on May 1, 2012.
Parenting Bills PASSED
DEAD
West Virginia House Bill 2840
This bill would have eliminated the state hate
crimes law.
STATUS: This bill was introduced on Jan.
11, 2012, and was referred to the Judiciary
Committee. It died upon adjournment on March
16, 2012.
DEAD
Wisconsin Assembly Bill 199/
Senate Bill 145
These bills would have amended the state
hate crimes law to add gender as a protected
category. The definition of gender neither
explicitly included nor excluded gender identity.
STATUS: SB145 was introduced in the Senate
on July 6, 2011, and was referred to the Senate
Committee on Judiciary, Utilities, Commerce,
and Government Operations. AB 199 was
introduced in the Assembly on July 14, 2011,
and was referred to the Assembly Committee
on Criminal Justice and Corrections. Both bills
died on March 23, 2012, when they failed to
pass pursuant to a Senate resolution.
Parenting Bills
PASSED
California Assembly Bill 1217
This bill establishes the Model Act Governing
Assisted Reproductive Technology, which
governs the provision of assisted reproduction.
The bill, in part, requires informed consent by
all participants prior to the commencement of
assisted reproduction and requires that binding
agreements be reached by the parties relating
to the future use of embryos created. This bill
also requires that all participants known to
the assisted reproductive technology provider
undergo a mental health consultation and
continuing mental health counseling be offered
to all participants.
STATUS: This bill was introduced in the
Assembly on Feb. 18, 2011. It passed the
Assembly Committee on Judiciary on May 5,
2011, and the full Assembly on May 19, 2011.
It passed the Senate Committee on Judiciary
on July 3, 2012, the Senate Committee on
Appropriations on Aug. 6, 2012, and the full
Senate on Aug. 28, 2012. The Assembly
40
Equality from State to State 2O12
concurred in the Senate amendments on Aug.
29, 2012. The bill was signed into law by the
governor on Sept. 23, 2012.
PASSED
Virginia House Bill 189/Senate Bill 349
This bill provides that, to the extent allowed
by federal law, no private child-placing agency
shall be required to perform, assist, counsel,
recommend, consent to, refer, or participate
in any placement of a child for foster care or
adoption when the proposed placement would
violate the agency’s written religious or moral
convictions or policies. Effectively, private childplacing agencies can refuse to serve LGBT
prospective parents and refuse to tell them
where else they can receive services.
STATUS: HB 189 was introduced in the House
on Jan. 9, 2012. It passed the House Committee
on Health, Welfare, and Institutions on Jan. 31,
2012, and the full House on Feb. 3, 2012. It then
passed the Senate Committee on Rehabilitation
and Social Services on Feb. 17, 2012, and
the full Senate on Feb. 21, 2012. SB 349 was
introduced in the Senate on Jan. 10, 2012. It
passed the Senate Committee on Rehabilitation
and Social Services on Feb. 3, 2012, and the
full Senate on Feb. 9, 2012. It then passed the
House Committee on Health, Welfare, and
Institutions on Feb. 16, 2012, and the full House
on Feb. 22, 2012. Both bills were signed into law
by the governor on April 9, 2012.
ACTIVE
Illinois House Bill 3942
This bill would provide that a child welfare
agency that is religiously based or owned
by, operated by, or affiliated with a bona fide
religious organization may decline an adoption
or foster family home application, including any
related licensure and placement, from a party
to a civil union if acceptance of that application
would constitute a violation of the organization’s
sincerely held religious beliefs.
STATUS: This bill was introduced in the House
on Jan. 10, 2012, and was referred to the Rules
Committee.
ACTIVE
Illinois House Bill 5622
This bill would create the “Assisted
Reproduction and Egg Donation Act.” It contains
provisions concerning rights of parentage in
connection with assisted reproduction, eligibility
for egg donation, the effect of dissolution of a
marriage or civil union of the intended parents
or their withdrawal of consent to assisted
reproduction, duties of child support, and the
effects of noncompliance with the act or a
breach of an egg donation contract by the egg
donor.
STATUS: This bill was introduced in the House
on Feb. 15, 2012, and was referred to the
Parenting Bills
ACTIVE
Illinois House Bill 6191
This bill would create the “Illinois Parentage
Act of 2012.” providing methods for the
establishment of a parent-child relationship
including for a non-biological mother in a legal
relationship with the biological mother of a
child, and establishing procedures regarding
parentage of a child of assisted reproduction.
STATUS: This bill was introduced in the House
on May 31, 2012, and was referred to the rules
committee.
who enter into an agreement.
STATUS: This bill was introduced in the Senate
on May 31, 2012, and was referred to the
Judiciary Committee.
ACTIVE
New York Assembly Bill 10499
This bill would allow for a judgment of
parentage for children born through assisted
reproduction, including gestational surrogacy,
and sets guidelines for gestational surrogacy.
STATUS: This bill was introduced on May
29, 2012, and was referred to the Judiciary
Committee.
ACTIVE
Illinois Senate Bill 2495
This bill would provide that a child welfare
agency that is religiously based or owned
by, operated by, or affiliated with a bona fide
religious organization may decline an adoption
or foster family home application, including any
related licensure and placement, from a party
to a civil union if acceptance of that application
would constitute a violation of the organization’s
sincerely held religious beliefs.
STATUS: This bill was introduced in the Senate
on Oct. 12, 2011. On Jan. 31, 2012, it was
referred to the Senate Executive Committee.
ACTIVE
New York Senate Bill 3492
This bill would prevent a judge from considering
a parent’s decision to undergo gender
reassignment when making a determination in a
child custody case.It would also provide that the
judge may not require the parent to refrain from
undergoing gender reassignment as a condition
of custody.
STATUS: This bill was introduced in the Senate
on Feb. 23, 2011, and was referred to the
Senate Children and Families Committee. It
was re-referred to the Children and Families
Committee on Jan. 4, 2012.
ACTIVE
Massachusetts House Bill 2285
This bill would codify that any child born
to a married person as a result of artificial
insemination or surrogate birth with the consent
of his or her spouse shall be considered the
legitimate child of the married persons.
STATUS: This bill was introduced in the House
on Jan. 21, 2011, and was referred to the Joint
Committee on the Judiciary. The House issued
a study order on July 31, 2012.
ACTIVE
Rhode Island House Bill 8114/Senate Bill
2775
These bills would address consent to adoption
requirements in circumstances involving
assisted reproduction and the effect that the
termination of a marriage or dissolution of a civil
union has on the parentage of a child resulting
from assisted reproduction.
STATUS: HB 8114 was introduced on May 2,
2012. It passed the House Judiciary Committee
on May 24, 2012. SB 2775 was introduced
on March 8, 2012. The Senate Judiciary
Committee held the bill for further study on
May 24, 2012.
ACTIVE
New Jersey Senate Bill 1599
This bill would have established standards for
gestational surrogacy, including parentage
orders.
STATUS: This bill was introduced in the
Senate on Feb. 13, 2012. It passed the Senate
Health, Human Services and Senior Citizens
Committee on May 17, 2012, and the full
Senate on May 31, 2012. It then passed the
full Assembly on June 21, 2012. The bill was
vetoed by the governor on Aug. 20, 2012. The
legislature has until Jan. 10, 2014, to override
the veto.
ACTIVE
New Jersey Senate Bill 2032
This bill would make all surrogacy agreements
illegal, impose criminal penalties on physicians
who assist in a surrogacy, and impose civil
penalties on intended parents and surrogates
Parenting Bills ACTIVE
House Judiciary I - Civil Law Committee.
DEAD
Arizona Senate Bill 1361
This bill would have, in part, required physicians
providing assisted reproductive technologies
to a patient to inform them about what the
procedure would entail, the likelihood of
success, anticipated costs, and medical risks.
STATUS: This bill was introduced on Jan.
26, 2012, and was referred to the Health
Care and Medical Liability Reform and Rules
Committees. It died upon adjournment on May
3, 2012.
DEAD
Florida House Bill 851
This bill would have revised terminology relating
to natural guardians to make it gender neutral.
www.hrc.org/statetostate
41
Parenting Bills
STATUS: This bill was introduced in the House
on Jan. 10, 2012. It passed the House Civil
Justice Subcommittee on Jan. 31, 2012, and
the House Judiciary Committee on Feb. 8,
2012. It died when the House substituted
Senate Bill 990 on March 6, 2012.
Parenting Bills DEAD
DEAD
Louisiana House Bill 1081
This bill would have allowed “an individual who
is not related by blood or affinity [to a child]
but who lives in the home of the child and has
established a relationship with the child that
is characterized by the exercise of parental
affection, concern, obligation, and responsibility”
to be eligible to petition for intrafamily adoption
with consent of the legal parent.
STATUS: This bill was introduced on April
4, 2012, and was referred to the Committee
on Civil Law and Procedure. It died upon
adjournment on June 4, 2012.
DEAD
Maryland House Bill 873/Senate Bill 508
These bills would have created statutory
regulations for surrogacy regarding who may
enter into a surrogacy agreement, mental health
evaluations, compensation, and written consent
documents.
STATUS: SB 508 was introduced in the Senate
on Feb. 3, 2012, and was referred to the Senate
Judicial Proceedings Committee. HB 873 was
introduced in the House on Feb. 9, 2012, and
was referred to the House Judiciary Committee.
SB 508 died when it received an unfavorable
committee report on March 19, 2012. HB 873
died when it received an unfavorable committee
report on March 21, 2012.
DEAD
Michigan House Bill 4249/Senate Bill 167
These bills would have allowed an unmarried
couple to adopt jointly or complete a secondparent adoption.
STATUS: HB 4249 was introduced in the
House on Feb. 15, 2011, and was referred to
the House Committee on Families, Children,
and Seniors. SB 167 was introduced in the
Senate on Feb. 17, 2011, and was referred to
the Senate Committee on Families, Seniors
and Human Services. Both bills died upon
adjournment on Dec. 27, 2012.
DEAD
Michigan House Bill 5763
This bill would have allowed child-placing
agencies to refuse to perform, assist, counsel,
recommend, facilitate, refer, or participate
in a placement based on religious or moral
convictions. In addition, state and local
governments would not have been allowed
to deny a grant, contract, or participation in a
program to the discriminating agency.
42
Equality from State to State 2O12
STATUS: This bill was introduced on June
14, 2012. It passed the House Committee on
Families, Children, and Seniors on Dec. 4, 2012.
It died upon adjournment on Dec. 27, 2012.
DEAD
Michigan House Bill 5764
This bill would have prohibited the Department
of Children and Families from taking into
consideration an agency’s refusal to make
placements based on religious or moral
convictions in any interaction with the agency,
such as contracting or funding.
STATUS: This bill was introduced on June
14, 2012. It passed the House Committee on
Families, Children, and Seniors on Dec. 4,
2012. The bill died upon adjournment on Dec.
27, 2012.
DEAD
Minnesota House Bill 644/Senate Bill 727
These bills would have amended the state
parentage codes to clarify that if a pregnancy
was initiated by means other than sexual
intercourse and a non-biological parent was
intended at the outset of the process to be
the legal parent of any resulting child pursuant
to an express written agreement among all
known presumptive parents entered into
prior to the initiation of the pregnancy, then
that parent will be a legal parent. The bills
would have also provided that all sections
relating to determination of paternity, including
all presumptions and procedures, apply to
determinations of maternity.
STATUS: HB 644 was introduced in the
House on Feb. 21, 2011, and was referred
to the House Civil Law Committee. SB 727
was introduced on March 10, 2011, and was
referred to the Judiciary and Public Safety
Committee. They both died upon adjournment
on May 10, 2012.
DEAD
Missouri House Bill 1758
This bill would have allowed, under select
circumstances, a person who has a parent/
child relationship with a minor child, and who is
not the minor child’s natural parent, to petition a
court to establish custody and visitation rights
in order to sustain and protect an ongoing
relationship with the minor child.
STATUS: This bill was introduced in the
House on Feb. 16, 2012. It passed the House
Judiciary Committee on March 7, 2012, the
House Rules Committee on April 12, 2012, and
the full House on April 26, 2012. It then passed
the Senate Health, Mental Health, Seniors,
and Families Committee on May 10, 2012, and
the full Senate on May 15, 2012. The House
concurred in the Senate amendments on May
18, 2012. The bill was vetoed by the governor
on July 12, 2012.
Schools-Related Bills
DEAD
New York Assembly Bill 1234
This bill would have prevented a judge from
considering a parent’s decision to undergo
gender reassignment when making a
determination in a child custody case. It also
would have provided that the judge may not
require the parent to refrain from undergoing
gender reassignment as a condition of custody.
STATUS: This bill was introduced in the
Assembly on Jan. 5, 2011, and was referred
to the Judiciary Committee. It died on July 11,
2011, when the enacting clause was stricken.
DEAD
South Dakota House Bill 1255
This bill would have prohibited the enforcement
of surrogacy agreements.
STATUS: This bill was introduced on Jan. 26,
2012. It passed the House Judiciary Committee
on Feb. 13, 2012, and the full House on Feb.
14, 2012. It was referred to the Senate Health
and Human Services Committee. It died upon
adjournment on March 19, 2012.
DEAD
Utah House Bill 274/Senate Bill 126
These bills would have amended existing state law
to allow unmarried cohabitating partners to adopt.
STATUS: HB 274 was introduced in the
House on Jan. 23, 2012, and was referred
to the House Rules Committee. SB 126 was
introduced in the Senate on Jan. 24, 2012, and
was referred to the Senate Rules Committee.
Both bills died on March 8, 2012, when the
enacting clause was stricken.
DEAD
Virginia Senate Bill 569/Senate Bill 647
These bills would have prohibited the Virginia
Department of Social Services from contracting
with or funding child-placing agencies that
discriminate in providing placement services to
children or prospective parents solely on the
basis of race, color, religion, national origin, sex,
age, family status, disability, sexual orientation, or
gender identity.
STATUS: SB 569 was introduced on Jan. 17,
2012, and SB 647 was introduced on Jan. 20,
2012. Both bills were referred to the Committee
on Rehabilitation and Social Services. They
died on Feb. 3, 2012, when they were passed
by indefinitely by the committee.
DEAD
Washington House Bill 2193
This bill would have allowed a person who is not
the parent of the child to petition for visitation
with the child if the person has established an
ongoing and substantial relationship with the
child.
STATUS: This bill was introduced in the House
on Jan. 9, 2012. An substitute version of the
bill passed the House Judiciary Committee on
Jan. 19, 2012, then the bill was referred to the
Rules 2 Committee. It died upon adjournment
on March 8, 2012.
Schools-Related Bills PASSED
DEAD
New Jersey Assembly Bill 2646
This bill would have established standards for
gestational surrogacy, including parentage orders.
STATUS: This bill was introduced in the
Assembly on March 8, 2012, and passed the
Assembly Human Services Committee the
same day. It died when an alternative bill was
substituted on June 21, 2012.
Schools-Related Bills
PASSED
California Assembly Bill 1253
This bill expresses the intent of the legislature
to enact legislation that would make it easier for
pupils and their parents or guardians to report
incidents of bullying.
STATUS: This bill was introduced on Feb.
18, 2011. It passed the Committee on Local
Government on Jan. 12, 2012, and the full
Assembly on Jan. 19, 2012. It passed the
Senate Governance and Finance Committee
on June 13, 2012, and the full Senate on June
18, 2012. The bill was signed into law by the
governor on July 9, 2012.
PASSED
California Senate Concurrent
Resolution 100
This resolution declares Dec. 12, 2012,
as California Bullying Prevention Day, and
recognizes the need for individuals, schools,
communities, businesses, local governments,
and the state to take action on behalf of
bullying prevention in California.
STATUS: This resolution was introduced in
the Senate on June 26, 2012. It was adopted
by the full Senate on Aug. 21, 2012, and the
full Assembly on Aug. 30, 2012. The Senate
concurred in the Assembly amendments on Aug.
31, 2012. The resolution was enrolled and filed
with the secretary of state on Sept. 10, 2012.
PASSED
Delaware House Bill 268
This bill amends the existing anti-bullying law
to add enumerated categories for the purposes
of reporting and tracking that include sexual
orientation and gender identity, expands the overall
reporting requirements, and requires the Delaware
Department of Education to conduct random
audits of schools to ensure compliance with the
reporting requirements.
STATUS: This bill was introduced on March 8,
2012. It passed the House Education Committee
on April 25, 2012, and the full House on May
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43
Schools-Related Bills PASSED
Schools-Related Bills
3, 2012. It then passed the Senate Education
Committee on May 16, 2012, and the full Senate
on May 17, 2012. The bill was signed into law by
the governor on July 27, 2012.
full House on May 30, 2012. The Senate
concurred in the House amendments on June
1, 2012. The bill was signed into law by the
governor on June 14, 2012.
PASSED
Delaware Senate Bill 193
This bill requires the Delaware Department of
Education to promulgate a uniform cyberbullying
policy, based upon a model prepared by the
Delaware Department of Justice.
STATUS: This bill was introduced in the
Senate on April 3, 2012. It passed the Senate
Education Committee on April 25, 2012,
and the full Senate on April 26, 2012. It then
passed the House Education Committee on
May 9, 2012, and the full House on June 7,
2012. It was signed into law by the governor on
July 27, 2012.
PASSED
Maine Legislative Document 1237
This bill requires each school administrative
unit to adopt a harassment, intimidation, and
bullying prevention policy based upon a model
policy developed by the Maine Commissioner of
Education. The legislative findings include intent
to protect students in enumerated categories,
including sexual orientation and gender identity.
STATUS: This bill was introduced in the House
and Senate on March 22, 2011. It passed the
full House on June 9, 2011, and the full Senate
on June 28, 2011. The House failed to pass
the bill with the Senate amendments on June
29, 2011. It was reconsidered on March 8,
2012, and passed the House with additional
amendments. The bill was passed back and
forth with amendments. On May 17, 2012, it
passed both chambers and was signed into law
by the governor.
PASSED
Delaware Senate Bill 206
This bill requires school districts and charter
schools to establish a policy on responding
to teen dating violence and sexual assault,
including guidelines on mandatory reporting
and confidentiality, a protocol for responding
to incidents of teen dating violence and sexual
assault, and training on the issue. The bill
explicitly covers same-sex dating relationships.
STATUS: This bill was introduced in the Senate
on April 25, 2012. It passed the Senate
Education Committee on May 8, 2012, and the
full Senate on May 16, 2012. It then passed
the House Education Committee on June 6,
2012, and the full House on June 14, 2012. The
Senate concurred in the House amendments
on June 19, 2012. The bill was signed into law
by the governor on July 20, 2012.
44
PASSED
Michigan House Resolution 111
This resolution asks the president and the
United States Congress to enact legislation
“protecting the rights of conscience” of students
seeking counseling degrees and licensed
professional counselors. Students have been
dismissed from programs for refusing to counsel
LGBT people with supportive measures.
STATUS: This resolution was introduced in the
House on June 30, 2011. It passed the House
Committee on Education on March 15, 2012, and
was adopted by the full House on June 12, 2012.
PASSED
Louisiana House Resolution 159
This resolution requests that the Louisiana
School Boards Association develop and
implement a training program for school board
members on harassment, intimidation, and
bullying of students.
STATUS: This resolution was introduced and
adopted on May 31, 2012. It was enrolled by
the Speaker of the House on June 1, 2012.
PASSED
Nebraska Legislative Resolution 107
This resolution designates October 2011 as
Nebraska School Bullying Prevention Month,
with the intention that the issue of bullying and
its prevention be discussed in Nebraska during
that time.
STATUS: This resolution was introduced on
March 8, 2011, and was adopted by the full
Legislature on March 16, 2011.
PASSED
Louisiana Senate Bill 764
This bill amends the existing anti-bullying law to
require training for school employees, mandate
a procedure for investigating bullying, and add
bullying to the list of behaviors for which a student
may be removed from the classroom and for which
a principal may suspend a student.
STATUS: This bill was substituted for SB 709
on May 7, 2012, and passed the full Senate on
May 9, 2012. It passed the House Committee
on Education on May 16, 2012, and the
PASSED
Nebraska Legislative Resolution 447
This resolution designates October 2012 as
Nebraska Bullying Prevention Month.
STATUS: This resolution was introduced on
March 5, 2012, and was adopted by the full
legislature on March 13, 2012.
Equality from State to State 2O12
PASSED
New Mexico House Memorial 25/
Senate Memorial 39
These memorials encourage school districts
Schools-Related Bills
PASSED
New York Senate Bill 7740
This bill amends the existing anti-bullying law to
explicitly cover cyberbullying.
STATUS: This bill was introduced in the Senate
on June 15, 2012. It passed the full Senate and
the full Assembly on June 18, 2012. The bill
was signed into law by the governor on July 9,
2012.
PASSED
Ohio House Bill 543
This bill enacts the “Jason Flatt Act” to require
public schools to train staff in youth suicide
awareness and prevention.
STATUS: This bill was introduced in the House
on May 9, 2012. It passed the House Health
and Aging Committee on May 23, 2012, and the
full House on May 24, 2012. It then passed the
Senate Education Committee on Dec. 5, 2012,
and the full Senate on Dec. 12, 2012. The House
concurred in the Senate amendments on Dec.
12, 2012. The bill was signed into law by the
governor on Dec. 20, 2012.
PASSED
Oregon Senate Bill 1555
This bill requires school employees to report
acts of harassment, intimidation, bullying, and
cyberbullying.
STATUS: This bill was introduced in the
Senate on Feb. 1, 2012. It passed the Senate
Education and Workforce Development
Committee on Feb. 14, 2012, and the full
Senate on Feb. 15, 2012. The bill then passed
the House Judiciary Committee on Feb. 23,
2012, and the full House on Feb. 27, 2012. It
was signed into law by the governor on March
16, 2012.
PASSED
Pennsylvania House Resolution 655
This resolution designates the month of April
2012 as “Anti-Bullying Month” in Pennsylvania.
STATUS: This resolution was introduced on
April 2, 2012, and was adopted buy the full
House on April 3, 2012.
PASSED
Pennsylvania Senate Resolution 374
This resolution designates the month of
October 2012 as “Bullying Awareness Month” in
Pennsylvania.
STATUS: This resolution was introduced and
adopted by the full Senate on Oct. 2, 2012.
PASSED
South Carolina House Bill 4690
This bill creates the “Jason Flatt Act” and
provides that the Department of Education shall
require two hours of training in youth suicide
awareness and prevention as a requirement
for the renewal of credentials for individuals
employed in middle schools and high schools.
It also requires the Department to develop
guidelines for training and materials that may be
used by schools and school districts.
STATUS: This bill was introduced in the
House on Jan. 26, 2012. It passed the House
Committee on Education and Public Works
on Feb. 9, 2012, and the full House on Feb.
22, 2012. The bill then passed the Senate
Committee on Education on April 3, 2012,
and the full Senate on April 18, 2012. It was
signed into law by the governor on May 14,
2012.
Schools-Related Bills PASSED
to engage parents and community members in
the development of school bullying prevention
programs.
STATUS: HM 25 was introduced on Jan. 24,
2012. It passed the Education Committee
on Jan. 27, 2012, and was adopted by the
full House on Feb. 7, 2012. SM 39 was
introduced on Jan. 26, 2012. It passed the
Rules and Education Committees on Feb. 12,
2012, and was adopted by the full Senate on
Feb. 12, 2012.
PASSED
South Dakota Senate Bill 130
This bill requires the school board of each
school district to adopt a policy prohibiting
bullying. It neither requires nor prohibits the
policy from being enumerated.
STATUS: This bill was introduced in the
Senate on Jan. 23, 2012. It passed the Senate
Education Committee on Feb. 9, 2012, and the
full Senate on Feb. 14, 2012. It then passed
the House Education Committee on Feb. 27,
2012, and the full House on Feb. 28, 2012.
The Senate Conference Committee report was
adopted on March 1, 2012, and the House
Conference Committee report was adopted on
March 2, 2012. The bill was signed into law by
the governor on March 19, 2012.
PASSED
Tennessee House Bill 1105
This bill requires that when a Local Education
Agency (LEA) revises its policy prohibiting
harassment, intimidation, or bullying to transmit
the revised policy to the Commissioner of
Education.
STATUS: This bill was introduced in the
House on Feb. 17, 2011. It passed the House
Education Committee on March 20, 2012,
and the full House on April 2, 2012. The bill
passed the full Senate on April 9, 2012. A
Conference Committee was assigned when
the House refused to concur in the Senate
amendments. The Conference Committee
report was adopted by the House on April 27,
2012, and the Senate on April 30, 2012. The
bill was signed into law by the governor on May
9, 2012.
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45
Schools-Related Bills PASSED
Schools-Related Bills
PASSED
Vermont House Bill 412
This bill expands the definitions of “harassment”
and “bullying” in the educational context to include
actions committed electronically; permits school
administrators to discipline students for actions
conducted outside normal school hours and off
school grounds where the conduct can be shown
to pose a clear and substantial interference with
another student’s right to access educational
programs; authorizes the Human Rights
Commission to ensure educational institutions
comply with procedures required in connection
with allegations of harassment and clarify the legal
standard required to prove harassment in a civil
action; and it creates a new position within the
human rights commission to direct harassment
and bullying prevention and response training
initiatives.
STATUS: This bill was introduced in the
House on March 8, 2011. It passed the House
Committee on Judiciary on March 20, 2012,
and the full House on March 21, 2012. The bill
passed the Senate Committee on Education
on April 11, 2012, and the full Senate on April
26, 2012. The House concurred in Senate
amendments on April 28, 2012. The bill was
signed into law by the governor on May 5, 2012.
and management training on the ability of licensed
healthcare professionals to identify, refer, treat, and
manage patients with suicidal ideation.
STATUS: This bill was introduced on Jan. 12,
2012. A substitute version of the bill passed the
House Committee on Health Care and Wellness
on Jan. 26, 2012, and the full House on Feb.
10, 2012. The Senate Committee on Health
and Long-Term Care passed the bill on Feb.
24, 2012, and the full Senate passed it on Feb.
28, 2012. The House concurred in the Senate
amendments on March 3, 2012. It was signed
into law by the governor on March 29, 2012.
PASSED
Virginia House Bill 504/Senate Bill 271
These bills establish the Virginia Center for
School Safety and require the center to provide
evidence based training on bullying prevention
tactics to public school personnel.
STATUS: HB 504 was introduced in the House
on Jan. 10, 2012. It passed the House Committee
on Education on Jan. 30, 2012, and the full
House on Feb. 2, 2012. The bill then passed the
Senate Committee on Education and Health on
March 1, 2012, and the full Senate on March 5,
2012. It was signed into law by the governor on
March 30, 2012. SB 271 was introduced in the
Senate on Jan. 10, 2012. It passed the Senate
Committee on Education and Health on Jan. 19,
2012, and the full Senate on Jan. 24, 2012. It
then passed the House Committee on Education
on Feb. 22, 2012, and the full House on Feb.
24, 2012. The bill was signed into law by the
governor on March 20, 2012.
PASSED
Wisconsin Senate Bill 237
This bill, in part, removes required topics for
sex education and makes them recommended,
changes discussions of the value of abstinence
from the most reliable way to prevent pregnancy
and sexually transmitted infection to the only
reliable way, and encourages addressing “the
positive connection between marriage and
parenting.”
STATUS: This bill was introduced in the
Senate on Oct. 14, 2011. It passed the Senate
Committee on Education on Oct. 27, 2011, and
the full Senate on Nov. 2, 2011. It passed the
full Assembly and the Senate concurred in the
Assembly amendments on March 13, 2012.
The bill was signed into law by the governor on
April 6, 2012.
PASSED
Washington House Bill 2366
This bill establishes the “Matt Adler Suicide
Assessment, Treatment, and Management Training
Act.” It requires certain health professionals
to complete training in suicide assessment,
treatment, and management as part of their
continuing education, continuing competency,
or recertification requirements. In addition, it
requires the secretary of the department of
health to conduct a study evaluating the effect of
evidence-based suicide assessment, treatment,
46
Equality from State to State 2O12
PASSED
West Virginia Senate Bill 221
This bill requires the Center for Professional
Development to provide for the routine
education of all professional educators and
certain service personnel on warning signs and
resources to assist in suicide prevention.
STATUS: This bill was introduced on Jan.
17, 2012. It passed the Senate Education
Committee on Jan. 25, 2012, and the full Senate
on Jan. 30, 2012. The bill passed the House
Education Committee on Feb. 24, 2012, and the
full House on Feb. 29, 2012. It was signed into
law by the governor on March 12, 2012.
ACTIVE
Illinois House Bill 4616
This bill would amend the existing sex education
law to, in part, require that sex education be
medically accurate.
STATUS: This bill was introduced on Feb.
1, 2012, and was assigned to the Human
Services Committee.
ACTIVE
Massachusetts House Bill 179/
Senate Bill 184
These bills would, in part, require the standards
for health education be age-appropriate and
medically accurate. They would also provide
Schools-Related Bills
ACTIVE
Massachusetts House Bill 1059
This bill would repeal the state anti-bullying law.
STATUS: This bill was introduced in the House
on Jan. 20, 2011, and was referred to the Joint
Committee on Education. The House issued a
study order on Sept. 13, 2012.
ACTIVE
Massachusetts House Bill 1060
This bill would require any school program
that involves “human sexual education, human
sexuality issues or alternative sexual behavior”
to be offered only in clearly identified nonmandatory elective courses or activities in which
parents or guardians may choose to enroll their
children through written notification to the
school. Alternative sexual behavior is defined
as “homosexuality, bisexuality, lesbianism,
transsexuality, transgenderism, cross-dressing,
pansexuality, promiscuity, sodomy, pederasty,
prostitution, oral sex, anal sex, masturbation,
polygamy, polyandry, sex reassignment
treatments, ‘bondage and discipline.’ sadomasochism, bestiality, and similar behaviors. It
also includes issues and relationships deriving
from those behaviors, including but not limited
to ‘sexual orientation,’ and alternative family,
parenting, and marriage constructs.”
STATUS: This bill was introduced in the House
on Jan. 24, 2011 and was referred to the Joint
Committee on Education. The House issued a
study order on Sept. 6, 2012.
ACTIVE
Massachusetts House Bill 1063/
Senate Bill 190
These bills would require all sex education to
be medically accurate, age appropriate, and
appropriate for students regardless of gender,
race, disability status, or sexual orientation.
STATUS: HB 1063 was introduced in the
House on Jan. 20, 2011, and SB 190 was
introduced in the Senate on Jan. 21, 2011.
They were referred to the Joint Committee on
Education. The Senate issued a study order for
both bills on May 8, 2012.
ACTIVE
Massachusetts House Bill 1934
This bill would require that curriculum on
“human sexual education, human sexuality
issues, or sexual orientation” shall be offered
only in clearly identified non-mandatory elective
courses in which parents or guardians may
choose to enroll their children through written
notification to the school.
STATUS: This bill was introduced in the House
on Jan. 24, 2011, and was referred to the Joint
Committee on Education. The House issued a
study order on Sept. 6, 2012.
Schools-Related Bills ACTIVE
parents with notification of sex education in the
schools with the opportunity to provide a written
opt-out.
STATUS: HB 179 was introduced in the House
on Jan. 19, 2011, and was referred to the Joint
Committee on Education. The House issued
a study order on Sept. 6, 2012. SB 184 was
introduced in the Senate on Jan. 21, 2011,
and was referred to the Joint Committee on
Education. The House issued a study order on
Sept. 9, 2012.
ACTIVE
Massachusetts House Bill 2715
This bill would require schools to adopt and
implement a local policy that allows for a limited
public forum and voluntary student expression
of religious viewpoints at school events and
graduation ceremonies, in class assignments,
and in non-curricular school groups and
activities.
STATUS: This bill was introduced in the House
on Jan. 21, 2011, and was referred to the Joint
Committee on Education. The House issued a
study order on Aug. 23, 2012.
ACTIVE
Massachusetts House Bill 4063
This bill would amend the existing safe schools
law, in part, to require enumerated categories
for protection, including sexual orientation and
gender identity.
STATUS: This bill was introduced on May 3,
2012, and passed the House Committee on
Education the same day. It passed the House
Committee on Ways and Means on July 30,
2012.
ACTIVE
Massachusetts House Bill 4284
This bill would modify the existing safe
schools laws to require the development and
implementation of a “safe and supportive
schools framework.”
STATUS: This bill was introduced on July
12, 2012. It passed the House Committee
on Education on July 18, 2012, then was
reassigned to the House Committee on Ways
and Means.
ACTIVE
Massachusetts Senate Bill 259
This bill would, in part, require all sex education
to be medically accurate and age appropriate.
STATUS: This bill was introduced in the Senate
on Jan. 21, 2011, and was referred to the Joint
Committee on Education. The House issued a
study order on Sept. 6, 2012.
ACTIVE
New Jersey Assembly Bill 2298
This bill would require a member of the state
Board of Education to complete a two-day training
program upon the member’s initial appointment
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47
Schools-Related Bills
and qualification to the state board. Training would
include information on harassment, intimidation,
and bullying in schools.
STATUS: This bill was introduced in the
Assembly on Feb. 2, 2012, and was assigned
to the Assembly Education Committee.
Schools-Related Bills ACTIVE
ACTIVE
New York Assembly Bill 808/
Assembly Bill 1572/Senate Bill 1572
These bills would require a sex education grant
program through the Department of Health to
be a comprehensive, age-appropriate program
conducted by an eligible applicant.
STATUS: AB 808 was introduced in the
Assembly on Jan. 5, 2011, and was referred
to the Assembly Health Committee. AB 1572
was introduced in the Assembly on Jan. 10,
2011, and was referred to the Corrections
Committee. SB 1572 was introduced in the
Senate on Jan. 10, 2011, and was referred to
the Senate Education Committee. They were
all re-referred to their respective committees on
Jan. 4, 2012.
ACTIVE
New York Assembly Bill 1452
This bill would require school principals to oversee
enforcement of the anti-harassment policies
and guidelines to ensure compliance with the
regulations promulgated by the chancellor of the
NYC Department of Education.
STATUS: This bill was introduced in the
Assembly on Jan. 10, 2011, and was referred
to the Assembly Education Committee. It was
re-referred to the Education Committee on Jan.
4, 2012.
ACTIVE
New York Assembly Bill 2132/
Senate Bill 1937
These bills would, in part, require colleges to
educate the campus community on bias-related
crime and hazing.
STATUS: SB 1937 was introduced in the
Senate on Jan. 14, 2011. It passed the Senate
Higher Education Committee on March 9,
2011, and the full Senate on May 16, 2012. It
was referred to the Assembly Higher Education
Committee. AB 2132 was introduced in the
Assembly on Jan. 14, 2011, and was referred
to the Assembly Higher Education Committee.
It was re-referred to the Assembly Higher
Education Committee on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 3472/
Senate Bill 1704
These bills would require every school district
to establish guidelines for filing criminal
complaints against students who commit crimes
against other students on school grounds.
STATUS: SB 1704 was introduced in the
48
Equality from State to State 2O12
Senate on Jan. 11, 2011, and was referred
to the Senate Education Committee. AB
3472 bill was introduced in the Assembly
on Jan. 25, 2011, and was referred to the
Assembly Education Committee. The bills
were re-referred to their respective Education
Committees on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 3713/
Senate Bill 1176
These bills would require school districts and
boards of cooperative educational services to
immediately report bias related offenses to law
enforcement agencies.
STATUS: SB 1176 was introduced in the Senate
on Jan. 5, 2011, and was referred to the Senate
Education Committee. AB 3713 was introduced
in the Assembly on Jan. 26, 2011, and was
referred to the Assembly Education Committee.
The bills were re-referred to their respective
Education Committee on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 4586/
Senate Bill 269
These bills would require all schools to offer a
course of instruction in the awareness of hate
crimes, focusing on historical events and the
significance of certain symbols and objects. The
course would be required to cover all categories
of hate crimes included instate law.
STATUS: SB 269 was introduced in the Senate
on Jan. 5, 2011, and was defeated in the Senate
Education Committee on March 29, 2011. It was
re-referred to the Senate Education Committee
on Jan. 4, 2012. AB 4586 was introduced in the
Assembly on Feb. 4, 2011, and was referred to
the Assembly Education Committee. It was rereferred to the Assembly Education Committee
on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 5050
This bill would require the commissioner of
education to promulgate rules and regulations
that prohibit harassment, intimidation, and
bullying of students.
STATUS: This bill was introduced in the
Assembly on Feb. 11, 2011, and was referred to
the Education Committee. It was re-referred to
the Education Committee on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 6474/Senate Bill 71
These bills would mandate comprehensive,
medically accurate, and age appropriate sex
education be taught in all public schools, grades
one through 12.
STATUS: SB 71 was introduced in the Senate
on Jan. 5, 2011, and was defeated in the
Senate Education Committee on March
29, 2011. It was re-referred to the Senate
Schools-Related Bills
ACTIVE
New York Assembly Bill 8310/
Senate Bill 5834
These bills would amend the state law on
character education to require instruction
that includes awareness and sensitivity to
discrimination or harassment and civility in the
relations of people of different races, weights,
national origins, ethnic groups, religions,
religious practices, mental or physical abilities,
sexual orientations, genders, and sexes.
STATUS: AB 8310 was introduced in the
Assembly on June 13, 2011. It passed the
Assembly Education Committee on June,
16, 2011, the Assembly Rules Committee
on June 17, 2011, and the full Assembly on
June 17, 2011. It died in the Senate on Jan.
4, 2012. The bill passed the Assembly again
on March 1, 2012, and was referred to the
Senate Education Committee. SB 5834 was
introduced in the Senate on June 21, 2011,
and was referred to the Senate Education
Committee. It was re-referred to the Senate
Education Committee on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 8504/
Senate Bill 4921
These bills would amend the state safe schools
law to mandate additional training; to substitute
all references to harassment with references to
bullying; and provide a definition of bullying.
STATUS: SB 4921 was introduced in the
Senate on April 29, 2011. It passed the Senate
Education Committee on May 17, 2011, and
the full Senate on June 1, 2011. It died in
the Assembly on Jan. 4, 2012. The bill was
referred to the Senate Rules Committee on
June 21, 2012. AB 8504 was introduced in
the Assembly on June 20, 2011, and was
referred to the Assembly Education Committee.
It was re-referred to the Assembly Education
Committee on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 8966/
Senate Bill 5916
These bills would prohibit the harassment of
students using electronic means, require the
commissioner of education to implement a
process for reporting of incidents, and require
an investigation of reports by school personnel.
STATUS: SB 5916 was introduced in the
Senate on Nov. 2, 2011, and was referred to
the Senate Rules Committee. It was referred
to the Senate Education Committee on Jan.
4, 2012. AB 8966 was introduced in the
Assembly on Jan. 10, 2012, and was referred to
the Assembly Education Committee.
ACTIVE
New York Assembly Bill 9535/
Senate Bill 7108
These bills would expand provisions relating
to cyberbullying in schools, and provide school
districts with tools to address cyberbullying.
STATUS: AB 9535 was introduced in the
Assembly on March 12, 2012, and was referred
to the Assembly Education Committee. SB
7108 was introduced on April 30, 2012,
and was referred to the Senate Education
Committee.
Schools-Related Bills ACTIVE
Education Committee on Jan. 4, 2012. AB
6474 was introduced in the Assembly on
March 21, 2011, and was referred to the
Assembly Education Committee. It was rereferred to the Assembly Education Committee
on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 9536/
Senate Bill 7107
These bills would require coursework on
discrimination and anti-bias for school
professionals applying for a certificate or
license.
STATUS: AB 9536 was introduced on March
12, 2012, and was referred to the Assembly
Education Committee. SB 7107 was
introduced on April 30, 2012, and was referred
to the Senate Education Committee.
ACTIVE
New York Assembly Bill 9647
This bill would authorize schools to offer
instruction or educational programs in sexual
health, and require the instruction to be ageappropriate and medically accurate.
STATUS: This bill was introduced on March
22, 2012, and was referred to the Education
Committee.
ACTIVE
New York Assembly Bill 9790/Assembly Bill
10176/Senate Bill 6614/Senate Bill 6884
These bills would amend the existing anti-bullying
law to explicitly cover cyberbullying.
STATUS: SB 6614 was introduced in the
Senate on March 5, 2012. It passed the Senate
Education Committee on April 24, 2012, and
the full Senate on June 20, 2012. It was referred
to the Assembly Education Committee. SB
6884 was introduced in the Senate on April 4,
2012, and was referred to the Senate Education
Committee. AB 9790 was introduced on April 5,
2012, and AB 10176 was introduced on May 10,
2012. Both bills were referred to the Assembly
Education Committee.
ACTIVE
New York Senate Bill 1578
This bill would require individuals applying for
teaching certification or licensure to complete a
course of training in recognizing and responding
to incidents of bullying and harassment.
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49
Schools-Related Bills
STATUS: This bill was introduced in the Senate
on Jan. 10, 2011, and was referred to the
Education Committee. It was re-referred to the
Education Committee on Jan. 4, 2012.
Schools-Related Bills DEAD
ACTIVE
New York Senate Bill 6033
This bill would require schools to obtain written
consent from parents before providing students
with sex education.
STATUS: This bill was introduced in the Senate
on Jan. 4, 2012, and was referred to the
Education Committee.
ACTIVE
Virginia House Bill 1207
This bill would prohibit any public or private
institution of higher learning from penalizing or
denying academic credit to a student because
the student refuses to perform academic
coursework that would force the student to
violate a sincerely held religious belief (such
as proving counseling services to an LGBT
individual that affirms the individual’s identity).
The bill would also provide that the State
Council of Higher Education for Virginia shall not
recognize any accrediting agency that takes any
adverse action against an institution of higher
learning that exempts students from academic
coursework for such reason. In addition, the
Attorney General or any student, prospective
student, or former student aggrieved under the
bill would be able to bring a civil action.
STATUS: This bill was introduced on Jan. 19,
2012, and was referred to the Committee on
Education. It was continued to 2013 by vote on
Feb. 8, 2012.
DEAD
Alabama House Bill 10/House Bill 4/
Senate Bill 32
These bills would have provided that a student
can be reassigned to another school for the
purpose of separating the student from his or
her harassment victim, directed the Department
of Education to post its model policy on its
website, and provided that a person shall
be immune from civil liability for reporting
harassment.
STATUS: HB 10 and HB 4 were introduced in
the House on Feb. 7, 2012, and were referred
to the Committee on Education. They died on
May 16, 2012, upon adjournment. SB 32 was
introduced in the Senate on Feb. 7, 2012, and
passed the Senate Committee on Judiciary on
March 8, 2012. It was postponed indefinitely on
May 9, 2012.
DEAD
Alabama House Bill 444
This bill would have removed from existing
sex education curriculum requirements
the emphases that “homosexuality is not a
50
Equality from State to State 2O12
lifestyle acceptable to the general public” and
“homosexual conduct is a criminal offense.”
STATUS: This bill was introduced in the House
on Feb. 28, 2012, and was referred to the
Committee on Education Policy. It died on May
16, 2012, upon adjournment.
DEAD
Arizona House Bill 2135
This bill would have amended the existing antibullying law to explicitly prohibit the bullying,
harassment, or intimidation of a student based on
actual or perceived sexual orientation. It would not
include any other enumerated categories.
STATUS: This bill was introduced on Jan. 19,
2012, and was referred to the Education and
Rules Committees. It died upon adjournment
on May 3, 2012.
DEAD
Arizona House Bill 2616
This bill would have required all schools to
provide sex education that is medically accurate
and comprehensive.
STATUS: This bill was introduced in the House
on Jan. 18, 2012, and was referred to the
Education, Health and Human Services, and
Rules Committees. It died upon adjournment
on May 3, 2012.
DEAD
Arizona House Bill 2808
This bill would have amended the current antibullying law to expand the definition of bullying;
require charter schools to proscribe and enforce
policies and procedures to prohibit bullying;
and require bullying prevention training for
educators, administrators, and pupils.
STATUS: This bill was introduced in the House
on Feb. 8, 2012, and was referred to the
Education and Rules Committees. It died upon
adjournment on May 3, 2012.
DEAD
Arizona Senate Bill 1462
This bill would have required charter schools to
prescribe and enforce policies and procedures
to prohibit pupils from harassing, intimidating,
and bullying other pupils.
STATUS: This bill was introduced on Jan.
31, 2012. It passed the Senate Education
Committee on Feb. 31, 2011, and the full
Senate on March 8, 2012. It died upon
adjournment on May 3, 2012.
DEAD
California Assembly Bill 227
This bill would have, in part, required education
for pupils and teachers on the prevention of, and
legal consequences for, cyberbullying.
STATUS: This bill was introduced in the
Assembly on Feb. 2, 2011. It passed the
Assembly Committee on Education on
Schools-Related Bills
DEAD
California Assembly Bill 266
This bill would have required that a pupil be
permitted to participate in sex-segregated school
programs, activities, and facilities, including athletic
teams and competitions, consistent with his or her
gender identity, irrespective of the gender listed on
the pupil’s records.
STATUS : This bill was introduced on Feb. 7,
2011. It was referred to the Committee on
Education on Jan. 4, 2012. It died pursuant to
the California Constitution on Feb. 1, 2012.
DEAD
California Assembly Bill 630
This bill would have established that it is the intent
of the legislature to encourage school districts to
establish programs, to be implemented throughout
the year and integrated either into the regular
curriculum or through separate instruction, to
reduce bullying through training and best practice
methodologies involving collaboration among
pupils, parents, and school staff.
STATUS: This bill was introduced in the
Assembly on Feb. 16, 2011, and was referred
to the Committee on Education. It died in
committee on Feb. 1, 2012, pursuant to the rules.
DEAD
California Assembly Bill 1348
This bill would have added gender and sexual
orientation to the topics about which a test,
questionnaire, survey, or examination containing
any questions regarding the beliefs or practices
of a pupil or the parents or legal guardians of
a pupil would be prohibited unless the parent
or legal guardian of the pupil was notified in
writing and gave written permission.
STATUS: This bill was introduced in the
Assembly on Feb. 18, 2011, and was referred
to the Committees on Education and Judiciary.
It died in committee on Feb. 1, 2012, pursuant
to the rules.
DEAD
California Assembly Bill 1373/Assembly
Bill 1857
These bills would have, in part, required
school districts that choose to provide healthy
relationship and teen dating violence prevention
education programs to use research-based
materials that are appropriate for students of
all races, genders, sexual orientations, gender
identities, and ethnic and cultural backgrounds,
and for students with disabilities.
STATUS: AB 1373 was introduced in the
Assembly on Feb. 18, 2011, and passed the
Committee on Education on April 25, 2011. It
died in committee on Feb. 1, 2012, pursuant to
the rules. AB 1857 was introduced on Feb. 22,
2012, and passed the Committee on Education
on March 28, 2012. It died upon adjournment
on Nov. 30, 2012.
DEAD
California Assembly Bill 1539
This bill would have required the Department
of Motor Vehicles to provide specialized license
plates that contain a message that promotes the
policy of the state that prohibits discrimination,
harassment, intimidation, and bullying based
on actual or perceived characteristics and
disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or association with
a person or group with one or more of these
actual or perceived characteristics; required
that the specialized license plate be known as
the “Antibullying License Plate Program”; and
created the Antibullying Program Account in
the Specialized License Plate Fund. Moneys in
the account would be available for the program
upon appropriation by the legislature.
STATUS: This bill was introduced on Jan. 24,
2012, and was referred to the Committee on
Transportation. It died upon adjournment on
Nov. 30, 2012.
Schools-Related Bills DEAD
April 5, 2011, the Assembly Committee on
Appropriations on April 7, 2011, and the full
Assembly on April 25, 2011. It passed the
Senate Committee on Education on June
30, 2011, and was re-referred to the Senate
Committee on Appropriations. It died upon
adjournment on Nov. 30, 2012.
DEAD
California Assembly Bill 1756
This bill would have permitted schools to elect
not to provide instruction in social sciences that
includes a study of the role and contributions of
lesbian, gay, bisexual, and transgender Americans
to the economic, political, and social development
of California and the United States.
STATUS: This bill was introduced in the
Assembly on Feb. 17, 2012. It failed to pass the
Assembly Committee on Education on April
11, 2012.
DEAD
California Senate Bill 13
This bill would have authorized school districts to
provide teen dating violence prevention education,
and would have required that instruction and
materials be appropriate for use with pupils of
all races, genders, sexual orientations, gender
identities, and ethnic and cultural backgrounds and
with pupils with disabilities.
STATUS: This bill was introduced in the
Senate on Dec. 6, 2010. It failed to pass the
Committee on Education on May 4, 2011, but
reconsideration was granted. It died pursuant
to the rules on Jan. 31, 2012.
DEAD
California Senate Bill 453
This bill would have included on the list of acts
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51
Schools-Related Bills
Schools-Related Bills DEAD
for which expulsion may be recommended acts
of bullying that have persisted and reoccurred
despite repeated efforts at remediation and
termination of the behavior by the principal or
the superintendent of schools.
STATUS: This bill was introduced in the Senate
on Feb. 16, 2011. It passed the Committee
on Rules on May 3, 2011, and was re-referred
to the Committee on Appropriations. It died
pursuant to the rules on Jan. 31, 2012.
DEAD
Colorado Senate Bill 46
This bill would have amended the existing antibullying law to remove mandatory expulsion
and provide schools with greater leeway in
determining appropriate remedies.
STATUS: This bill was introduced in the Senate
on Jan. 11, 2012. It passed the Committee on
Education on March 1, 2012, the Committee on
Appropriations on April 24, 2012, and the full
Senate on April 27, 2012. The bill was assigned
to the House Committee on Education where it
died upon adjournment on May 9, 2012.
DEAD
Florida House Bill 627
This bill would have amended the existing antibulling law to add prohibitions on cyberbullying.
STATUS: This bill was introduced in the
House on Jan. 10, 2012, and was referred
to the K-20 Innovation Subcommittee,
Pre-K-12 Appropriations Subcommittee,
and the Education Committee. It died upon
adjournment on March 9, 2012.
DEAD
Florida House Bill 775/Senate Bill 1770
These bills would have stripped the requirement
that public school character curriculum be
secular in nature.
STATUS: HB 775 was introduced in the
House on Jan. 10, 2012, and was referred to
the House K-20 Innovation Subcommittee,
Pre-K-12 Appropriations Subcommittee, and
the Education Committee. SB 1770 was
introduced in the Senate on Jan. 17, 2012, and
was referred to the Senate Education Pre-K 12 and Budget Committees. They died upon
adjournment on March 9, 2012.
DEAD
Florida House Bill 1217
This bill would have required every district school
board to provide cyberbullying and cyberstalking
awareness instruction in K-12 public schools
during beginning of school year, and would have
provided for the designation of “Cyberbullying &
Cyberstalking Awareness Week.”
STATUS: This bill was introduced in the
House on Jan. 4, 2012, and was referred to
the K-20 Competitiveness Subcommittee,
the Pre-K - 12 Appropriations Subcommittee,
52
Equality from State to State 2O12
and the Education Committee. It died upon
adjournment on March 9, 2012.
DEAD
Florida Senate Bill 622
This bill would have updated the state antibullying law to strengthen and clarify the
cyberbullying provision, and would have added
“emotional hurt” to the definition of bullying.
STATUS: This bill was introduced in the House
on Jan. 10, 2012, and was referred to the
Education Pre-K - 12 and Budget Committees.
It died upon adjournment on March 9, 2012.
DEAD
Florida Senate Bill 1728
This bill would authorize each district school
board to provide cyberbullying awareness
instruction in K-12 public schools during the
beginning of the school year. It would also
provide for the designation of “Cyberbullying
Awareness Week.”
STATUS: This bill was introduced in the
Senate on Jan. 6, 2012. It passed the Senate
Education Pre-K - 12 Committee on Feb. 21,
2012, and the Senate Budget Subcommittee
on Education Pre-K - 12 Appropriations on
Feb. 28, 2012. The bill died upon adjournment
March 9, 2012.
DEAD
Georgia House Bill 310
This bill would have created “The End to
Cyberbullying Act” which would have amended
existing state anti-bullying laws to prohibit acts
of bullying via an electronic act that is directed
specifically at another student or at school
personnel.
STATUS: This bill was introduced on Feb. 22,
2011. It died upon adjournment on March 29,
2012.
DEAD
Georgia House Bill 874
This bill would have amended existing school
reporting laws to require each school principal
to regularly report incidents of bullying to the
school board council.
STATUS: This bill was introduced on Feb. 2,
2012. It died upon adjournment on March 29,
2012.
DEAD
Idaho Senate Bill 1220
This bill would have amended the existing antibullying law to expand the scope of coverage to
prohibit bullying by all minors, not just students, on
school property or at school activities. It also would
have made violation a mandatory infraction.
STATUS: This bill was introduced on Jan.
17, 2012, and was referred to the Education
Committee. It died upon adjournment on March
29, 2012.
Schools-Related Bills
DEAD
Illinois House Bill 5290
This bill would have made improvements to the
existing anti-bullying law including: requiring
school anti-bullying policies to have provisions
for prompt reporting and investigations,
requiring schools to post the anti-bullying policy
on school websites and in student handbooks,
mandating implementation of the anti-bullying
policy, and instructing the state board of
education to provide technical support for the
implementation of policies.
STATUS: This bill was introduced on Feb. 8,
2012. It passed the House Elementary and
Secondary Education Committee on March 7,
2012, and the full House on March 29, 2012.
It passed the Senate Education Committee on
May 1, 2012. It failed to pass the full Senate on
May 29, 2012.
DEAD
Indiana House Bill 1259
This bill would have amended the existing antibullying law to require each school corporation
to include the number and nature of bullying
incidents that occur within the school corporation
on the school corporation’s annual performance
report; require each school corporation to include
detailed procedures for investigation and reporting
of bullying behaviors in the school corporation’s
discipline rules; mandate age-appropriate
instruction focusing on bullying prevention for all
students in grades 1 through 12; and require public
universities to have policies prohibiting bullying if
they regulate other forms of conduct by students,
faculty, or employees.
STATUS: This bill was introduced on Jan. 9,
2012, and was referred to the Committee on
Education. It died upon adjournment on March
9, 2012.
DEAD
Kansas Senate Bill 68
This bill would have required all school districts
to provide comprehensive, age-appropriate, and
medically accurate sex education.
STATUS: This bill was introduced on Jan. 27,
2011, and was referred to the Committee on
Education. It died upon adjournment on June
1, 2012.
DEAD
Kansas Senate Bill 278
This bill would have amended the existing antibullying law to add enumerated categories,
including sexual orientation and gender identity.
It also would have provided clearer definitions of
bullying and cyberbullying.
STATUS: This bill was introduced on Jan. 12,
2012, and was referred to the Committee on
Education. It died upon adjournment on June
1, 2012.
Schools-Related Bills DEAD
DEAD
Idaho Senate Bill 1358
This bill would have amended the existing
anti-bullying law to include prohibitions on
cyberbullying, expand the scope to prohibit
bullying by all minors on school property and
at school activities, and mandate that school
personnel intervene in incidents of bullying.
STATUS: This bill was introduced on Feb. 29,
2012. It passed the full Senate on March 15,
2012, but died upon adjournment on March 29,
2012.
DEAD
Kentucky House Bill 336
This bill would have amended state anti-bullying
law to provide enumerated categories, including
sexual orientation and gender identity, and
explicitly require each local board of education
to adopt a code prohibiting harassment,
intimidation, bullying, and cyberbullying.
STATUS: This bill was introduced on Jan.
27, 2012, and was referred to the Education
Committee. It died upon adjournment on April
12, 2012.
DEAD
Kentucky House Bill 374/Senate Bill 68
These bills would have required science-based
content and age-appropriate and medically
accurate standards for human sexuality
education. In addition, it would have required
an entity that receives state funding and offers
human sexuality education or teen pregnancy
prevention to adopt science-based content.
STATUS: SB 68 was introduced in the Senate
on Jan. 3, 2012, and was referred to the Senate
Education Committee. HB 374 was introduced
in the House on Feb. 6, 2012, and was referred
to the House Education Committee. They died
upon adjournment on April 12, 2012.
DEAD
Kentucky House Bill 490
This bill would have required professional
development relating to the prevention of
harassment, intimidation, bullying, violence,
and substance abuse for all school employees;
required the addition of harassment,
intimidation, and bullying to the local district’s
discipline code; and prohibited cyberbullying.
STATUS: This bill was introduced on Feb.
28, 2012, and was referred to the Education
Committee. It died upon adjournment on April
12, 2012.
DEAD
Louisiana House Bill 11
This bill would have, in part, required local
public school boards that maintain a website to
publish harassment or bullying prohibition and
prevention procedures.
STATUS: This bill was introduced on Jan. 24,
2012, and was referred to the Committee on
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53
Schools-Related Bills
Education. It died upon adjournment on June
4, 2012.
Schools-Related Bills DEAD
DEAD
Louisiana House Bill 407
This bill would have expanded the existing
anti-bullying law to add enumerated categories
for protection, including sexual orientation and
gender identity, to protect school employees,
and to require anti-bullying training for school
employees.
STATUS: This bill was introduced on Feb. 28,
2012, and substituted for HB 1214 by the
Committee on Education on May 9, 2012.
DEAD
Louisiana House Bill 820
This bill would have required all public
schools to provide medically accurate and
developmentally- and age-appropriate sex
education.
STATUS: This bill was introduced on March 2,
2012, and was referred to the Committee on
Education. It died upon adjournment on June
4, 2012.
DEAD
Louisiana House Bill 1101
This bill would have expanded the definition of
bullying and would have added requirements for
the reporting of bullying.
STATUS: This bill was introduced on April 4,
2012, and was referred to the Committee on
Education. It died upon adjournment on June
4, 2012.
DEAD
Louisiana House Bill 1214
This bill would have expanded the definition
of bullying, added requirements for reporting
an incident, increased school reporting
requirements to the state department of
education, and required bullying prevention
training for school employees.
STATUS: This bill was substituted for HB 407 on
May 10, 2012. It passed the full House on May
16, 2012. The bill was transferred to the Senate
and referred to the Committee on Education. It
died upon adjournment on June 4, 2012.
DEAD
Louisiana House Concurrent Resolution 53
This resolution would have requested that the
State Board of Elementary and Secondary
Education compile and study bullying policies
contained in student codes of conduct and
make recommendations with respect to uniform
guidelines and procedures and the feasibility of
providing for additional guidance counselors.
STATUS: This resolution was introduced
on March 27, 2012, and was referred to
the Committee on Education. It died upon
adjournment on June 4, 2012.
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Equality from State to State 2O12
DEAD
Louisiana Senate Bill 619
This bill would have amended the existing antibullying law to add enumerated categories,
including sexual orientation and gender identity,
protect school employees from bullying, and
expand the definition of bullying.
STATUS: This bill was introduced on March 19,
2012, and was referred to the Committee on
Education. It died upon adjournment on June
4, 2012.
DEAD
Louisiana Senate Bill 709
This bill would have criminalized bullying in
schools.
STATUS: This bill was introduced April 3,
2012, and was referred to the Committee on
Judiciary. It was recommitted to the Committee
on Education which substitutes SB 764. It died
upon adjournment on June 4, 2012.
DEAD
Maine Legislative Document 980
This bill would have, in part, amended
the existing safe school law to include
cyberbullying.
STATUS: This bill was introduced in the House
on March 8, 2011, and was referred to the
Committee on Education and Cultural Affairs. It
was carried over to the next legislative session
pursuant to House rules on June 29, 2011, but
died on Jan. 31, 2012.
DEAD
Maryland House Bill 1408
This bill would have established the â&#x20AC;&#x153;Religious
Bill of Rights for Individuals Connected to Public
Schools,â&#x20AC;? including provisions allowing instructors
to teach religious topics and display religious
materials for any educational purpose, and allowing
instructors to abstain from teaching any topic that
violates their religious beliefs.
STATUS: This bill was introduced on Feb. 27,
2012, and was referred to the House Rules
and Executive Nominations Committee. It died
upon adjournment on April 9, 2012.
DEAD
Massachusetts House Bill 3584
This bill would have required each school
district plan to include a statement recognizing
that certain students may be more vulnerable
to becoming targets of bullying, harassment,
or teasing based on actual or perceived
differentiating characteristics, including but not
limited to race, color, religion, ancestry, national
origin, sex, socioeconomic status, academic
status, gender identity or expression, physical
appearance, sexual orientation, or mental,
physical, developmental, or sensory disability,
or by association with a person who has or
is perceived to have one or more of these
Schools-Related Bills
DEAD
Michigan House Bill 4173/Senate Bill 45
These bills would have required the board of a
school district or board of directors of a public
school academy to adopt a policy prohibiting
harassment or bullying at school, encouraged
the formation of bullying prevention taskforces,
required training, established a procedure for
addressing incidents, and included the following
enumerated categories: actual or perceived
religion, race, color, national origin, age, sex,
sexual orientation, disability, height, weight,
gender identity, socioeconomic status, or any
other distinguishing characteristic.
STATUS: HB 4173 was introduced in the
House on Feb. 1, 2011, and was referred to the
House Committee on Education. SB 45 was
introduced in the Senate on Jan. 19, 2011. It
passed the Senate Committee on Education
on March 24, 2011, and was re-referred to the
Senate Committee on Judiciary. Both bills died
upon adjournment on Dec. 27, 2012.
DEAD
Michigan House Bill 4252
This bill would have required the Department of
State Police and the Department of Education
to utilize the Michigan school violence hotline
to accept reports of cyberbullying in schools,
and it required law enforcement officials and
school officials who receive a credible report
of cyberbullying to report the incident to the
parents of each alleged perpetrator or victim.
STATUS: This bill was introduced in the
House on Feb. 15, 2011, and was referred
to the Committee on Judiciary. It died upon
adjournment on Dec. 27, 2012.
DEAD
Michigan House Bill 4391/Senate Bill 147
These bills would have required the board
of a school district or board of directors of
a public school academy to adopt a policy
prohibiting harassment, intimidation, bullying
or cyberbullying at school, and include the
following enumerated categories: actual or
perceived religion, race, color, national origin,
age, sex, sexual orientation, disability, height,
weight, gender identity, socioeconomic status,
or any other distinguishing characteristic.
STATUS: SB 147 was introduced in the
Senate on Feb. 16, 2011, and HB 4391 was
introduced in the House on March 8, 2011.
The bills were referred to their respective
Committee on Education. Both bills died upon
adjournment on Dec. 27, 2012.
DEAD
Michigan House Bill 4807/Senate Bill 731
These bills would have required sex education
to be age appropriate, medically accurate, and
objective.
STATUS: HB 4807 was introduced in the
House on June 23, 2011, and was referred
to the House Committee on Health Policy.
SB 731 was introduced in the Senate on
Oct. 6, 2011, and was referred to the Senate
Committee on Education. Both bills died upon
adjournment on Dec. 27, 2012.
Schools-Related Bills DEAD
characteristics. It would also require that the
plan include specific steps the district will take
to create a safe, supportive environment for
vulnerable populations in the school community.
STATUS: This bill was introduced in the House
on July 13, 2011, and was referred to the
Committee on Education. It died when a new
draft of the bill was issued on May 3, 2012.
DEAD
Michigan House Bill 5040/Senate Bill 518
These bills would have a prohibited public
degree- or certificate-granting college,
university, junior college, or community college
from disciplining or “discriminat[ing] against”
a student in a counseling, social work, or
psychology program because the student
refuses to counsel or serve a client as to goals,
outcomes, or behaviors that conflict with a
sincerely held religious belief of the student, if
the student refers the client to a counselor who
will provide the counseling or services.
STATUS: SB 518 was introduced in the
Senate on June 23, 2011, and was referred to
the Committee on Education. HB 5040 was
introduced in the House on Oct. 5, 2011. It
passed the House Education Committee on
March 15, 2012, and the full House on June 12,
2012. HB 5040 was transferred to the Senate
and assigned to the Senate Government
Operations Committee. Both bills died upon
adjournment on Dec. 27, 2012.
DEAD
Michigan House Bill 5783
This bill would have amended the existing
education law to modify the mandatory
expulsion provision to provide for alternative
remedies in the case of bullying.
STATUS: This bill was introduced on July
18, 2012, and was referred to the House
Committee on Education. It died upon
adjournment on Dec. 27, 2012.
DEAD
Michigan House Bill 6065
This bill would have required schools providing
accredited coursework in counseling or student
personnel work to have a written policy in effect
that prohibits a student from being excluded,
expelled, or discriminated against because the
student refuses to provide counseling that may
result in goals, outcomes, or behaviors that
violate the religious beliefs of the student.
STATUS: This bill was introduced on Nov.
29, 2012, and was referred to the House
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55
Schools-Related Bills
Committee on Education. It died upon
adjournment on Dec. 27, 2012.
Schools-Related Bills DEAD
DEAD
Michigan Senate Bill 137
This bill would have mandated that all public
schools adopt and implement a policy that
prohibited harassment and bullying, mandated
training, required the adoption of an antibullying procedure, and encouraged the
formation of bullying prevention taskforces.
STATUS: This bill was introduced in the
Senate on Feb. 10, 2011. It passed the Senate
Committee on Judiciary on May 5, 2011, the
Senate Committee of the Whole on Nov. 2,
2011, and the full Senate on Nov. 2, 2011.
It was referred to the House Committee on
Education. It died upon adjournment on Dec.
27, 2012.
DEAD
Michigan Senate Bill 148
This bill would have required the Department of
State Police and the Department of Education
to utilize the Michigan school violence hotline
to accept reports of cyberbullying in schools
and required law enforcement officials and
school officials who receive a credible report
of cyberbullying to report the incident to
the parents of each alleged perpetrator or
victim. It would have defined cyberbullying to
include the following enumerated categories:
actual or perceived race, color, religion,
national origin, ancestry, or ethnicity; sexual
orientation; physical, mental, emotional, or
learning disability; gender; gender identity and
expression; or other distinguishing personal
characteristic.
STATUS: This bill was introduced in the
Senate on Feb. 16, 2011, and was referred
to the Committee on Education. It died upon
adjournment on Dec. 27, 2012.
DEAD
Michigan Senate Resolution 66
This resolution would have asked the president
and the United States Congress to enact
legislation “protecting the rights of conscience” of
students seeking counseling degrees and licensed
professional counselors. Students have been
dismissed from programs for refusing to counsel
LGBT people with supportive measures.
STATUS: This resolution was introduced in the
Senate on June 23, 2011, and was referred
to Committee on Education. It died upon
adjournment on Dec. 27, 2012.
DEAD
Minnesota House Bill 765/Senate Bill 494
These bills would have required school boards
to adopt policies that prohibit harassment,
bullying, intimidation, and violence. The
policies would have been required to contain
56
Equality from State to State 2O12
enumerated categories, including sexual
orientation and gender identity.
STATUS: HB 765 was introduced in the House
on Feb. 28, 2011, and was referred to the
House Education Reform Committee. SB 494
was introduced in the Senate on Feb. 28, 2011,
and was referred to the Senate Education
Committee. They both died upon adjournment
on May 10, 2012.
DEAD
Minnesota House Bill 1529/
Senate Bill 1222
These bills would, in part, require private schools
that receive state aid, materials, services, or
other publicly funded support to adopt an antibullying policy.
STATUS: HB 1529 was introduced in the
House on April 18, 2011, and was referred to
the House Education Reform Committee. SB
1222 was introduced in the Senate on April 18,
2011, and was referred to the Senate Education
Committee. They both died upon adjournment
on May 10, 2012.
DEAD
Minnesota House Bill 1953/
Senate Bill 2285
These bills would have amended the existing
anti-bullying law to create an expanded
definition of bullying. They also would have
required school districts to adopt anti-bullying
policies and procedures, and required bullying
prevention programs for students.
STATUS: HB 1953 was introduced in the House
on Jan. 26, 2012, and was referred to the House
Education Reform Committee. SB 2285 was
introduced in the Senate on March 8, 2012. They
died upon adjournment on May 10, 2012.
DEAD
Minnesota House Bill 2743/
Senate Bill 1837
These bills would have, in part, required schools
to have enumerated anti-bullying policies that
include sexual orientation and gender identity.
STATUS: SB 1837 was introduced in the
Senate on Feb. 15, 2012, and was referred to
the Senate Education Committee. HB 2743
was introduced in the House on March 8,
2012, and was referred to the House Education
Reform Committee. Both bills died upon
adjournment on May 10, 2012.
DEAD
Minnesota House Bill 3004/
Senate Bill 2601
These bills would have prohibited discrimination,
bullying, harassment, intimidation, and
cyberbullying based on enumerated categories
including sexual orientation and gender identity.
STATUS: SB 2601 was introduced in the
Senate on April 18, 2012, and was referred
Schools-Related Bills
DEAD
Mississippi House Bill 203
This bill would have amended the sex education
law to required medically accurate comprehensive
sex education that is free from bias regarding
sexual orientation and gender (undefined).
STATUS: This bill was introduced on Feb.
9, 2012, and was referred to the Education
Committee and the Public Health and Human
Services Committee. It died in committee on
March 6, 2012.
DEAD
Mississippi House Bill 638
This bill would have established the “Religious
Viewpoints Antidiscrimination Act” or
“Schoolchildren’s Religious Liberties Act” and
would have, in part, required school districts to
adopt a policy that establishes a limited public
forum for student speakers at school events
and would have established that students
may express their beliefs about religion in
homework, artwork, and other assignments.
STATUS: This bill was introduced on Feb.
17, 2012. It passed the House Education
Committee on March 2, 2012, and the full
House on March 14, 2012. The bill was then
referred to the Senate Education Committee
where it died on April 3, 2012.
DEAD
Mississippi House Bill 691/
Senate Bill 2064/Senate Bill 2234
These bills would have created the “Mississippi
Student Religious Liberties Act of 2012” and,
in part, authorized voluntary student expression
of religious viewpoints in public schools. It
also would have required school districts to
adopt a policy creating a limited public forum
for voluntary student expression of a religious
viewpoint, required school districts to create
a limited public forum for student speakers at
graduation and other events, required school
districts to allow religious expression in class
assignments, and required school districts to
provide students with the freedom to organize
religious groups and activities.
STATUS: SB 2064 was introduced in the
Senate on Jan. 12, 2012, and was referred
to the Senate Education Committee. SB
2234 was introduced in the Senate on
Jan. 23, 2012, and was referred to the
Senate Education Committee. HB 691 was
introduced in the House on Feb. 20, 2012,
and was referred to the House Education
Committee. These bills died in committee on
March 6, 2012.
DEAD
Missouri House Bill 1049
This bill would have added cyberbullying to
the existing anti-bullying law and would have
established specific requirements for each
school district in implementing an anti-bullying
policy. The bill would also have re-emphasized
the prohibition on school districts from adopting
enumerated anti-bullying policies.
STATUS: This bill was introduced on Jan. 4,
2012. It passed the House Children and Families
Committee on March 28, 2012, the House Rules
Committee on April 12, 2012, and the full House
on May 3, 2012. The bill then passed the Senate
General Laws Committee on May 15, 2012. It
died upon adjournment on May 30, 2012.
Schools-Related Bills DEAD
to the Senate Education Committee. HB
3004 was introduced in the House on April
19, 2012, and was referred to the House
Education Reform Committee. They died upon
adjournment on May 10, 2012.
DEAD
Missouri House Bill 1439/Senate Bill 496/
Senate Bill 800
This bill would, in part, require that any course
materials relating to human sexuality not only
be medically and factually accurate, but also be
based on peer-reviewed projects that have been
demonstrated to influence healthy behavior.
STATUS: SB 496 was introduced in the Senate
on Jan. 4, 2012, and was referred to the Senate
Health, Mental Health, Seniors and Families
Committee. HB 1439 was introduced in the
House on Jan. 19, 2012, and was referred to the
House Elementary and Secondary Education
Committee. SB 800 was introduced in the
Senate on Feb. 16, 2012, and was referred to the
Senate Education Committee. These bills died
upon adjournment on May 30, 2012.
DEAD
Missouri House Bill 1572
This bill would have eliminated the prohibition
on enumerated categories in anti-bullying
provisions and specifically required enumeration
consistent with Missouri hate crimes prevention
law and Title IX of the Educational Amendments
of 1972. Missouri hate crimes prevention law
covers sexual orientation and gender identity.
STATUS: This bill was introduced on Jan. 31,
2012, and was referred to the Elementary and
Secondary Education Committee. It died upon
adjournment on May 30, 2012.
DEAD
Missouri House Bill 1597/Senate Bill 799
These bills would have amended the anti-bullying
law to, in part, add a prohibition on harassment
and add enumerated categories including sexual
orientation, defined to include gender identity.
STATUS: HB 1597 was introduced in the
House on Feb. 1, 2012, and was referred to the
House Elementary and Secondary Education
Committee. SB 799 was introduced in the
Senate on Feb. 16, 2012, and was assigned
to the Senate Education Committee. Both bills
died upon adjournment on May 30, 2012.
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DEAD
Missouri House Bill 2051
This bill would have prohibited the discussion of
sexual orientation in public school instruction,
materials, or extracurricular activities except
in “scientific instruction concerning human
reproduction.”
STATUS: This bill was introduced on March 29,
2012, and was referred to the Elementary and
Secondary Education Committee. It died upon
adjournment on May 30, 2012.
DEAD
Missouri House Joint Resolution 70
This resolution would have proposed an
amendment to the state constitution to remove
the prohibition on the use of public funds,
through appropriation or through a grant of
personal or real property, for the benefit of any
religious or sectarian educational purpose.
STATUS: This resolution was introduced on Jan.
25, 2012, and was referred to the Elementary
and Secondary Education Committee. It died
upon adjournment on May 30, 2012.
DEAD
Nebraska Legislative Bill 123
This bill would have added a prohibition on
cyberbullying to the state’s existing antibullying law.
STATUS: This bill was introduced on Jan.
06, 2011, and was referred to the Education
Committee. It died when it was postponed
indefinitely on April 18, 2012.
DEAD
Nebraska Legislative Bill 192
This bill would have required all school districts
to provide medically accurate, age-appropriate
sex education.
STATUS: This bill was introduced on Jan.
07, 2011, and was referred to the Education
Committee. It died when it was postponed
indefinitely on April 18, 2012.
DEAD
New York Assembly Bill 8895/
Assembly Bill 10712
These bills would have amended the existing
anti-bullying law to explicitly cover cyberbullying.
STATUS: AB 8895 was introduce in the
Assembly on Jan. 4, 2012, and was referred
to the Education Committee. It died on May 8,
2012, when the enacting clause was stricken.
AB 10712 was introduced on June 15, 2012.
It passed the Assembly Education Committee
and the Rules Committee on June 18, 2012. It
died when Senate Bill 7740 was substituted.
DEAD
Ohio House Bill 116
This bill amends the state safe schools law to
require age-appropriate instruction pending the
58
Equality from State to State 2O12
availability of state or federal funds It also adds
cyberbullying and harassment, adds coverage
to incidents that occur on school busses, and
requires that schools send parents a written
version of the safe schools policy once a year.
STATUS: This bill was introduced in the House
on Feb. 22, 2011. It passed the House Education
Committee on June 9, 2011, and the full House
on June 21, 2011. The Senate Education
Committee passed a substitute bill on Jan. 10,
2012, and the full Senate passed the bill on
Jan. 18, 2012. The House concurred with the
substitute bill on Jan. 26, 2012. The bill was
signed into law by the governor on Feb. 2, 2012.
DEAD
Ohio House Bill 155/Senate Bill 127
These bills would have required that public
school anti-bullying policies prohibit bullying by
electronic means and address certain acts that
occur off school property. They also would have
required staff training on the anti-bullying policy.
STATUS: HB 155 was introduced in the
House on March 15, 2011, and SB 127 was
introduced in the Senate on March 22, 2011.
The bills were referred to their respective
Education Committees. They died upon
adjournment on Dec. 20, 2012.
DEAD
Ohio House Bill 208
This bill would have added enumerated
categories to the state safe schools law,
including sexual orientation and gender identity.
STATUS: This bill was introduced in the
House on April 20, 2011, and was referred
to the Education Committee. It died upon
adjournment on Dec. 20, 2012.
DEAD
Ohio House Bill 338/Senate Bill 232
These bills would have required sex education
to be age-appropriate, medically and
scientifically accurate, and comprehensive.
STATUS: SB 232 was introduced in the Senate on
Sept. 27, 2011, and HB 338 was introduced in the
House on Oct. 4, 2011. The bills were referred to
their respective Education Committees. They died
upon adjournment on Dec. 20, 2012.
DEAD
Oklahoma House Bill 1001
This bill would have created the “Religious
Viewpoints Antidiscrimination Act” requiring a
limited open forum for schools so that students
may organize prayer groups, religious clubs, “see
you at the pole” gatherings, or other religious
gatherings before, during, and after school to
the same extent that students are permitted to
organize other non-curricular student activities
and groups. The act would have also permitted
students to express their beliefs about religion
in homework, artwork, and other written and
Schools-Related Bills
DEAD
Oklahoma House Bill 1195/
House Bill 2581/Senate Bill 535
These bills would have continued the state
sex education focus on abstinence but would
have amended existing law to require that
all information provided to students be age
appropriate and medically accurate. They would
have also required education on HIV and AIDS.
STATUS: HB 195 was introduced in the House
on Feb. 2, 2011, and HB 2581 was introduced
on Feb. 6, 2012. They were referred to the
House Common Education Committee. SB
535 was introduced in the Senate on Feb. 7,
2011, and was referred to the Senate Education
and Appropriations Committees. These bills
died upon adjournment on May 25, 2012.
DEAD
Oklahoma House Bill 1270
This bill would have required the adoption of
health curriculum for middle school students,
including a unit on bullying prevention.
STATUS: This bill was introduced on Feb. 7,
2011, and passed the Common Education
Committee on March 2, 2011. It died upon
adjournment on May 25, 2012.
DEAD
Oklahoma House Bill 1461
This bill would have amended the state antibullying law to add cyberbullying, require
publicizing the anti-bullying policy, mandate
annual trainings for school employees and
volunteers, and require educational programs
for students and parents. This bill did not
include enumerated categories.
STATUS: This bill was introduced in the House
on Feb. 7, 2011. It passed the House Common
Education Committee on Feb. 23, 2011, and
the full House on March 8, 2011. It then passed
the Senate Public Safety Committee on April
5, 2011, and the full Senate on April 13, 2011.
The House rejected the Senate amendments
on April 25, 2011, and a conference committee
was established. The House rejected the
conference committee report on May 16, 2011.
DEAD
Oklahoma House Bill 1976/Senate Bill 152
These bills would have amended the state
anti-bullying law to add cyberbullying, require
publicizing the anti-bullying policy, mandate
annual trainings for school employees and
volunteers, and require educational programs
for students and parents. These bills also would
have provided enumerated categories, including
sexual orientation and gender identity.
STATUS: HB 1976 was introduced in the
House on Feb. 7, 2011, and was referred to the
House Common Education Committee. SB
152 was introduced in the Senate on Feb. 7,
2011, and was referred to the Senate Education
Committee. They died upon adjournment on
May 25, 2012.
Schools-Related Bills DEAD
oral assignments regardless of its relevance to
the assignment and explicitly permitted student
speakers at graduation and other school events,
including daily announcements, to voluntarily
express their religious beliefs.
STATUS: This bill was introduced in the House
on Feb. 7, 2011, and passed the Common
Education Committee on March 2, 2011. It died
upon adjournment on May 25, 2012.
DEAD
Oklahoma House Bill 2891
This bill would have, in part, added enumerated
categories, including sexual orientation and
gender identity, to the existing anti-bullying
law. In addition, it would have prohibited
cyberbullying.
STATUS: This bill was introduced on Feb.
6, 2012, and was referred to the Rules
Committee. It died upon adjournment on May
25, 2012.
DEAD
Oklahoma Senate Bill 37
This bill would have required sex education to
be medically accurate.
STATUS: This bill was introduced in the
Senate on Feb. 7, 2011, and was referred
to the Education Committee. It died upon
adjournment on May 25, 2012.
DEAD
Pennsylvania House Bill 271
This bill would have made bullying a summary
offense or misdemeanor and would not have
been bound to educational settings.
STATUS: This bill was introduced on Jan.
27, 2011, and was referred to the Judiciary
Committee. It died upon adjournment on Nov.
30, 2012.
DEAD
Pennsylvania House Bill 416
This bill would have required schools to offer
comprehensive, medically accurate, ageappropriate sex education. In addition, it would
have required instructions and materials be
appropriate for use with, and not promote bias
against, pupils of all races, genders, sexual
orientations, ethnic and cultural backgrounds,
gender identities, sexually active pupils, and
pupils with disabilities.
STATUS: This bill was introduced in the
House on Feb. 3, 2011, and was referred
to the Education Committee. It died upon
adjournment on Nov. 30, 2012.
DEAD
Pennsylvania House Bill 879
This bill would have amended the existing
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anti-bullying law to mandate specific reporting
procedures, a statement prohibiting reprisal
or retaliation for reporting, creation of a model
policy by the Department of Education, and
publication of the adopted policy.
STATUS: This bill was introduced in the
House on March 2, 2011, and was referred
to the Education Department. It died upon
adjournment on Nov. 30, 2012.
DEAD
Pennsylvania House Bill 1805
This bill would have amended the existing antibullying law to add prohibitions on harassment,
intimidation, and cyberbullying; mandated
specific reporting procedures, a statement
prohibiting reprisal or retaliation for reporting
incidents, creation of a model policy by the
Department of Education, and publication of the
adopted policy; required teacher training and
student education; and extended the scope of
protections to include activities that take place
on a bus or at a school-sponsored event.
STATUS: This bill was introduced in the
House on August 10, 2011, and was referred
to the Education Committee. It died upon
adjournment on Nov. 30, 2012.
DEAD
Pennsylvania House Bill 2195/
House Bill 2535
These bills would have extended the existing
anti-bullying law to non-public schools where
residents may legally fulfill the compulsory
school attendance requirements.
STATUS: HB 2195 was introduced on Feb.
13, 2012, and HB 2535 was introduced on
June 29, 2012. Both bills were referred to the
House Education Committee. They died upon
adjournment on Nov. 30, 2012.
DEAD
Pennsylvania House Bill 2464
This bill would have extended the existing antibullying law to also explicitly cover harassment,
intimidation, and cyberbullying; created
procedures for addressing incidents; and
required data collection.
STATUS: This bill was introduced on June
2, 2012, and was referred to the Education
Committee. It died upon adjournment on Nov.
30, 2012.
DEAD
Pennsylvania House Bill 2636
This bill would have amended the existing antibullying law to add enumerated categories
including sexual orientation and gender identity.
It also would have explicitly covered harassment
and cyberbullying, required teacher training, and
mandated data collection.
STATUS: This bill was introduced on Sept.
24, 2012, and was referred to the Education
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Equality from State to State 2O12
Committee. It died upon adjournment on Nov.
30, 2012.
DEAD
Pennsylvania Senate Bill 191
This bill would have amended the existing antibullying law to prohibit bullying, harassment,
and intimidation off of school grounds when
it creates a hostile environment in school or
interferes with the education process. It also
would have required principals to appoint an
anti-bullying specialist; required schools to form
a safe school team; required schools to educate
students, teachers, staff, and parents on
bullying; and created a bullying prevention fund.
STATUS: This bill was introduced on April
8, 2011, and was referred to the Education
Committee. It died upon adjournment on Nov.
30, 2012.
DEAD
South Carolina House Bill 3142
This bill would have amended the law to provide
that a person who violates the provisions of the
Safe Schools Act with respect to harassment,
intimidation, or bullying towards a student is
guilty of a misdemeanor.
STATUS: This bill was introduced in the House
on Jan. 11, 2011, and was referred to the
Committee on Education and Public Works. It
was recalled from committee and re-referred
to the Judiciary Committee. It died upon
adjournment on June 7, 2012.
DEAD
South Carolina House Bill 4645
This bill would have required the governing
body of each school district to create a student
bullying advisory council to be made up of
students and parents to advise the governing
body on matters relating to student-on-student
bullying problems.
STATUS: This bill was introduced on Jan.
24, 2012, and was assigned to the House
Committee on Education and Public Works. It
died upon adjournment on June 7, 2012.
DEAD
South Carolina Senate Bill 566
This bill, as introduced, would have amended
the state safe schools law to add enumerated
categories, including sexual orientation and gender
identity; expanded reporting and investigation
procedures; required policies to be place
prominently on the school district website and
distributed annually to parents. An amendment to
the bill stripped the enumerated categories.
STATUS: This bill was introduced in the
Senate on Feb. 15, 2011. It passed the Senate
Education Committee on March 1, 2012, and
the full Senate on May 1, 2012. The bill was then
assigned to the House Committee on Judiciary. It
died upon adjournment on June 7, 2012.
Schools-Related Bills
DEAD
South Dakota Senate Bill 44
This bill would have permitted and encouraged
school districts to adopt an anti-bullying policy.
STATUS: This bill was introduced on Jan.
10, 2012, and was referred to the Education
Committee. It died upon adjournment on March
19, 2012.
DEAD
Tennessee House Bill 229
This bill, as introduced, would have prohibit the
teaching of or furnishing of materials on human
sexuality other than heterosexuality in public
school grades K-8. As amended, the bill would
have required that any instruction or materials
made available or provided in a public elementary
or middle school must be limited exclusively to
“natural human reproduction science.”
STATUS: This bill was introduced in the House
on Feb. 3, 2011, and passed the Education
Committee on April 17, 2012. It died upon
adjournment on May 1, 2012.
DEAD
Tennessee House Bill 432
As amended, this bill would have required that
a parent or guardian of a student must provide
a school with written permission for their
child to join a club or organization prior to the
school permitting such student to join a club or
organization.
STATUS: This bill was introduced in the
House on Feb. 9, 2011. It passed the House
Education Committee on March 8, 2011, and
the full House on March 9, 2011. The Senate
substituted the House bill for a competing
Senate bill and adopted the aforementioned
amendment on May 16, 2011. It passed the
Senate Education Committee on May 18, 2011.
It died upon adjournment on May 1, 2012.
DEAD
Tennessee House Bill 1153/Senate Bill 760
Present state law requires each school district
to adopt a policy prohibiting harassment,
intimidation, or bullying. These bills would
have clarified that the policy may not be
construed or interpreted to infringe upon
the First Amendment rights of students and
may not prohibit their expression of religious,
philosophical, or political views as long as such
expression does not include a threat of physical
harm to a student or of damage to a student’s
property. In addition, the bills would have
specified that task forces, programs, and other
initiatives may not include materials or training
that explicitly or implicitly “promote a political
agenda”; make the characteristics of the victim
the focus rather than the conduct of the person
engaged in harassment, intimidation, or bullying;
or teach or suggest that certain beliefs or
viewpoints are discriminatory when an act or
practice based on such belief or viewpoint is not
a discriminatory practice under present state
human rights law.
STATUS: SB 760 was introduced in the Senate
on Feb. 16, 2011, and was referred to the
Senate Education Committee. It died when it
was withdrawn on Jan. 26, 2012. HB 1153 was
introduced in the House on Feb. 17, 2011, and
was referred to the House Education Committee.
It died upon adjournment on May 1, 2012.
Schools-Related Bills DEAD
DEAD
South Carolina Senate Bill 1148
This bill would have created the “Jason Flatt
Act” and provided that the department of
education shall require two hours of training
in youth suicide awareness and prevention as
a requirement for the renewal of credentials
for individuals employed in middle schools and
high schools. It also would have required the
department to develop guidelines for training
and materials that may be used by schools and
school districts. Note: The House version of this
bill passed and was signed into law.
STATUS: This bill was introduced on Jan.
26, 2012, and was referred to the Senate
Committee on Education. It died upon
adjournment on June 7, 2012.
DEAD
Tennessee House Bill 1352/
Senate Bill 1305
These bills would have continued abstinence
only before marriage as the only form of
sex education but would have required all
information presented to be medically accurate.
The bills also would have required parents to opt
their children into the sex ed curriculum.
STATUS: HB 1352 was introduced in the
House on Feb. 17, 2011, and was referred to
the House Education Committee. SB 1305
was introduced in the Senate on Feb. 23, 2011,
and was referred to the Senate Education
Committee. Both bills died upon adjournment
on May 1, 2012.
DEAD
Tennessee House Bill 3576/
Senate Bill 3597
These bills would have prohibited certain
colleges and universities in Tennessee from
denying recognition, privileges, or benefits to
a student organization or group on the basis of
religious content of the organization’s or group’s
speech or the manner in which the organization
or group determines its organizational affairs.
These bills would have undermined the ability of
universities to enforce an all-comers policy of
non-discrimination.
STATUS: HB 3576 was introduced on Jan.
30, 2012, and passed the House Education
Committee on April 11, 2012. It died on April
30, 2012, when the Senate version of the bill
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61
Schools-Related Bills
was substituted. SB 3597 was introduced in the
Senate on Jan. 30, 2012. It passed the Senate
Education Committee on March 28, 2012, and
the full Senate on April 30, 2012. It then passed
the House on April 30, 2012. The bill was vetoed
by the governor on May 21, 2012.
Schools-Related Bills DEAD
DEAD
Tennessee House Bill 3616/
Senate Bill 3632
These bills would have created the “Religious
Viewpoints Antidiscrimination Act;” prohibited
discrimination against students based on a
religious viewpoint expressed by the student
on an otherwise permissible subject; required
schools to establish a limited public forum for
student speakers at all school events; and allowed
students to express their beliefs about religion
in homework, artwork, and other written and oral
assignments free from discrimination based on the
religious content of their submissions.
STATUS: HB 3616 was introduced on Jan.
30, 2012, and passed the House Education
Committee on March 27, 2012. It died upon
adjournment on May 1, 2012. SB 3632 was
introduced in the Senate on Jan. 30, 2012. It
passed the Senate Education Committee on
March 28, 2012, and the full Senate on April 18,
2012. It died upon adjournment on May 1, 2012.
DEAD
Tennessee House Bill 3739/
Senate Bill 3748
These bills would have clarified that teachers
are not prohibited from participating in religious
practice, including those with a student
organization, if the participation is in connection
with an event not held on campus.
STATUS: SB 3748 was introduced in the
Senate on Jan. 30, 2012, and was referred to
the Senate Education Committee. HB 3739
bill was introduced in the House on Feb. 1,
2012, and was referred to the House Education
Committee. Both bills died upon adjournment
on May 1, 2012.
DEAD
Tennessee Senate Bill 49
As amended, this bill would have required that
any instruction or materials made available or
provided at or to a public elementary or middle
school on the topic of reproductive science
must be limited exclusively to natural human
reproduction science. This requirement would
have also applied to a group or organization that
provides instruction in reproduction science in
public elementary or middle schools.
STATUS: This bill was introduced in the
Senate on Jan. 15, 2011. It passed the Senate
Education Committee on April 20, 2011.
On May 20, 2011, the full Senate adopted
an amendment which rewrote the bill to the
language referenced above and passed the bill
62
Equality from State to State 2O12
as amended. The bill died upon adjournment
on May 1, 2012.
DEAD
Tennessee Senate Bill 1923
This bill would have required a Local Education
Agency (LEA) to transmit a revised policy to
the Commissioner of Education when it revises
its policy prohibiting harassment, intimidation,
or bullying. Note: The House version of this bill
was signed into law.
STATUS: This bill was introduced in the Senate
on Feb. 23, 2011, and was referred to the
Senate Education Committee. It died on April
9, 2012, when the House bill was substituted.
DEAD
Tennessee Senate Bill 3219
This bill would have required local education
agencies to annually review and promulgate
policies to prohibit harassment, intimidation,
bullying, or cyberbullying.
STATUS: This bill was introduced on Jan. 30, 2012,
and was referred to the Education Committee. It
died upon adjournment on May 1, 2012.
DEAD
Utah House Bill 363
This bill would have prohibited discussion of
“homosexuality” in any human sexuality instruction
or programs, including responding to student
questions.
STATUS: This bill was introduced in the House
on Feb. 8, 2012. It passed the House Education
Committee on Feb. 9, 2012, and the full House
on Feb. 22, 2012. The bill then passed the full
Senate on March 6, 2012. The bill was vetoed by
the governor on March 16, 2012.
DEAD
Washington House Bill 1604
This bill would have allowed public school
students to attend or participate in AIDS
prevention education or sexual health education
only if the school or school district has on file a
signed confirmation from the student’s parent or
legal guardian that the parent or legal guardian
has received notification of the planned
instruction and approves of the student’s
attendance or participation.
STATUS: This bill was introduced in the
House on Jan. 26, 2011, and was referred
to the Committee on Education. It died upon
adjournment on March 8, 2012.
DEAD
West Virginia Senate Bill 558
This bill would have amended the existing antibullying law to eliminate the requirement that
county boards of education input harassment,
intimidation, or bullying data into a state
database and eliminate the provision that an
annual report of the data be provided to the
Health and Safety Bills
DEAD
Wisconsin Assembly Bill 337
This bill would have, in part, removed required
topics for sex education and made them
recommended, changed discussions of the
value of abstinence from the most reliable way
to prevent pregnancy and sexually transmitted
infection to the only reliable way, and
encouraged addressing “the positive connection
between marriage and parenting.” Note: The
Senate version of this bill was signed into law.
STATUS: This bill was introduced in the
Assembly on Oct. 25, 2011, and passed the
Committee on Education on Jan. 27, 2012. It
was tabled on March 13, 2012, and died on
March 23, 2012, pursuant to a Senate resolution.
DEAD
Wisconsin Assembly Bill 628
This bill would have provided that if a school
district’s policy requires school district officials
and employees to report incidents of bullying,
and a school district official or employee fails to
report an incident of bullying within the period
required, the official or employee is subject to a
forfeiture of $200 for each violation.
STATUS: This bill was introduced on Feb. 24,
2012, and was referred to the Committee on
Education. It died on March 23, 2012, pursuant
to a Senate resolution.
DEAD
Wisconsin Assembly Bill 644/
Senate Bill 427
These bills would have, in part, required that
the definition of bullying in the Department
of Public Instruction’s model policy include
bullying by electronic means; required that
the model policy include requirements that
a school board maintain records on bullying
incidents and the discipline imposed on pupils
for bullying; required preparation of an annual
report that includes trends in bullying behavior
and recommendations on how to reduce the
number of bullying incidents; and required the
model policy to include appropriate responses
to bullying that occurs off school grounds in
certain circumstances.
STATUS: SB 427 bill was introduced in the
Senate on Feb. 6, 2012, and passed the
Senate Committee on Education on March
8, 2012. AB 644 was introduced in the
Assembly on Feb. 29, 2012, and was referred
to the Assembly Committee on Education.
Both bills died on March 23, 2012, pursuant
to a Senate resolution.
Health & Safety Bills
PASSED
California Assembly Bill 491
This bill requires medical care providers and
others eligible to perform HIV tests to obtain
informed consent from the individual prior to
ordering an HIV test, to provide information
orally or in writing about available treatment
options and voluntary partner notification
services, and to provide the patient with contact
information in writing for HIV medical care and
support and social services.
STATUS: This bill was introduced in the
Assembly on Feb. 15, 2011. It passed the
Assembly Committee on Health on May 9,
2011, and the full Assembly on May 31, 2011. It
then passed the Senate Committees on Health
and Judiciary on Aug. 29, 2012, the Senate
Committee on Appropriations on Aug. 30,
2012, and the full Senate on Aug. 31, 2012. The
Assembly concurred in the Senate amendments
on Aug. 31, 2012. The bill was signed into law by
the governor on Sept. 29, 2012.
Health and Safety Bills PASSED
state legislature.
STATUS: This bill was introduced on Feb.
10, 2012, and was referred to the Education
Committee. It died upon adjournment on March
16, 2012.
PASSED
California Assembly Bill 2253
This bill authorizes the conveyance by electronic
means of clinical laboratory test results related,
in part, to HIV antibodies if requested by the
patient, the means of conveyance is deemed
most appropriate by the healthcare professional,
and a healthcare professional has already
discussed the results with the patient.
STATUS: This bill was introduced in the
Assembly on Feb. 24, 2012. It passed the
Assembly Committee on Health on May 9,
2012, and the full Assembly on May 14, 2012.
It then passed the Senate Committee on
Judiciary on July 5, 2012, and the full Senate
on Aug. 29, 2012. The Assembly concurred
in the Senate amendments on Aug. 30, 2012.
The bill was signed into law by the governor on
Sept. 28, 2012.
PASSED
California Assembly Concurrent
Resolution 142
This resolution designates the week of
April 15 to 21, 2012, inclusive, as “National
Multicultural Cancer Awareness Week,” and
would encourage the promotion of policies
and programs that seek to reduce cancer
disparities and improve cancer prevention,
detection, treatment, and follow-up care for all
Californians, including a particular note on the
disparities faced by LGBT Californians.
STATUS: This resolution was introduced on April
12, 2012. It was adopted by the full Assembly on
April 19, 2012, and the full Senate on May 21,
2012. The resolution was enrolled and filed with
the secretary of state on May 24, 2012.
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63
Health and Safety Bills
Health and Safety Bills PASSED
PASSED
California Senate Bill 1172
This bill prohibits mental health providers from
performing “sexual orientation change efforts,”
defined to include gender expression, on youth
under the age of 18.
STATUS: This bill was introduced on Feb.
22, 2012. It passed the Senate Committee
on Business, Professions and Economic
Development on April 24, 2012, the Committee
on Judiciary on May 9, 2012, and the full
Senate on May 30, 2012. It then passed
the Assembly Committee on Business,
Professions, and Consumer Protection on
June 26, 2012, the Assembly Committee
on Appropriations on Aug. 9, 2012, and the
full Assembly on Aug. 28, 2012. The Senate
concurred in the Assembly amendments on
Aug. 30, 2012. The bill was signed into law by
the governor on Sept. 30, 2012.
PASSED
Delaware Senate Bill 162
This bill allows healthcare providers in clinical
settings to adopt an HIV opt-out policy in
which the patient will have the opportunity
to choose to be tested for HIV as part of the
patient’s routine care. The bill follows the
Centers for Disease Control and Prevention
recommendations for increased HIV testing.
STATUS: This bill was introduced on Jan. 19,
2012. It passed the Senate Health and Social
Services Committee on March 21, 2012, and the
full Senate on March 27, 2012. It then passed
the House Health and Human Development
Committee on May 2, 2012, and the full House
on June 7, 2012. The bill was signed into law by
the governor on June 27, 2012.
PASSED
Illinois Senate Bill 3673
This bill, in part, amends the law regarding
criminal transmission of HIV to include a
provision requiring intent of transmission.
The prior version of the law made it criminal
transmission to engage in “intimate contact”
with another person if the individual knew he or
she was “infected with HIV.”
STATUS: This bill was introduced in the
Senate on Feb. 10, 2012. It passed the Senate
Criminal Law Committee on Feb. 29, 2012,
and the full Senate on March 22, 2012. It then
passed the House Judiciary II - Criminal Law
Committee on April 26, 2012, and the full
House on May 25, 2012. The bill was signed
into law by the governor on Aug. 21, 2012.
PASSED
Michigan House Resolution 328
This resolution declares Dec. 1, 2012, as AIDS
Day in the state of Michigan.
STATUS: This resolution was introduced and
adopted by the full House on Nov. 27, 2012.
64
Equality from State to State 2O12
PASSED
Nebraska Legislative Bill 226
This bill makes it a Class I misdemeanor for any
person to knowingly and intentionally strike, or
attempt to strike, a public safety officer who
is engaged in the performance of his or her
official duties with a bodily fluid. Additionally,
a violation under this bill constitutes a Class
IIIA felony if the perpetrator knows he or she is
infected with HIV, hepatitis B or hepatitis C.
STATUS: This bill was introduced on Jan. 10,
2011. It passed the Judiciary Committee on
May 4, 2011, and the full Legislature on May
18, 2011. The bill was signed into law by the
governor on May 24, 2011.
PASSED
Tennessee House Bill 2414
This bill requires the office of research and
education accountability and the department
of health to conduct studies on HIV/AIDS
prevention curricula. In addition, it requires
the department to survey other state health
departments’ HIV/AIDS public outreach and
education programs.
STATUS: This bill was introduced in the House
on Jan. 12, 2012. It passed the House Education
Committee on Feb. 14, 2012, and the full House
on Feb. 23, 2012. The bill passed the Senate
March 1, 2012. It was signed into law by the
governor on March 20, 2012.
PASSED
Vermont House Resolution 21
This resolution urges the United States
Department of Health and Human Services
to reconsider its lifetime deferral on blood
donation from men who have sex with men.
STATUS: This resolution was introduced on
April 27, 2012. It was adopted by the House on
May 1, 2012.
ACTIVE
Illinois House Bill 4724
This bill would create the Illinois Family and
Medical Leave Act, containing provisions similar
to those in the federal Family and Medical
Leave Act of 1993. The creation of the act
would ensure that parties to a civil union, who
are not covered by federal law, would receive
the same benefits as parties to a marriage.
STATUS: This bill was introduced on Feb. 3,
2012, and passed the House Judiciary I - Civil
Law Committee on Feb. 29, 2012. It was rereferred to the House Rules Committee on
March 30, 2012.
ACTIVE
Massachusetts House Bill 48/
House Bill 1099
These bills would require the state department of
health to focus on the prevention and elimination
of discrimination based on sexual orientation
Health and Safety Bills
ACTIVE
Massachusetts House Bill 3865
This bill would create a special commission for
the purpose of devising a statewide strategy to
modernize HIV/AIDS testing, prevention, and
treatment.
STATUS: This bill was introduced in the House
on Dec. 29, 2011, and passed the House
Public Health Committee the same day. The
bill was re-referred to the House Health Care
Financing Committee and passed out of
committee on June 14, 2012.
ACTIVE
New Jersey Assembly Bill 3371/
Senate Bill 2278
These bills would prohibit persons who are
licensed to provide professional counseling from
engaging in sexual orientation change efforts,
defined to include gender identity, with youth
under age 18.
STATUS: AB 3371 was introduced in the
Assembly on Oct. 15, 2012, and was referred
to the Assembly Women and Children
Committee. SB 2278 was introduced in the
Senate on Oct. 15, 2012, and was referred to
the Senate Health, Human Services and Senior
Citizens Committee.
ACTIVE
New Jersey Assembly Resolution 27
This resolution would express opposition to the
United States Food and Drug Administration’s
policy that permanently excludes gay and
bisexual men from donating blood and
would urge each member of New Jersey’s
congressional delegation to voice support for
the rescission of the ban.
STATUS: This resolution was introduced in the
Assembly on Jan. 10, 2012, and was referred
to the Assembly Health and Senior Services
Committee.
ACTIVE
New York Assembly Bill 614/
Senate Bill 6488
These bills would require the Department of
Corrections to provide an inmate, upon his or
her discharge, with educational information
about the prevention of HIV, instructions about
how to obtain free HIV testing, and referrals to
community-based HIV prevention, education,
and counseling resources.
STATUS: AB 614 was introduced in the
Assembly on Jan. 5, 2011. It passed the
Assembly Corrections Committee on Jan. 31,
2012, and the Assembly Ways and Means
Committee on May 1, 2012. SB 6488 was
introduced in the Senate on Feb. 15, 2012,
and was referred to the Senate Crime Victims,
Crime, and Corrections Committee.
Health and Safety Bills ACTIVE
and gender identity and expression, as well as
on improving access to services for lesbian, gay,
bisexual, and transgender elders and caregivers;
ensure that a curriculum is developed that will
support the training for the delivery of services; and
require that over a period of time such training be
completed by all providers of services who contract
with or receive funding from the department.
STATUS: HB 48 was introduced in the House
on Jan. 14, 2011, and was referred to the
Joint Committee on Children, Families and
Persons with Disabilities. The House issued a
study order on Aug. 16, 2012. HB 1099 was
introduced in the House on Jan. 24, 2011, and
was referred to the Committee on Elder Affairs.
ACTIVE
New York Assembly Bill 2355/
Assembly Bill 2598
These bills would establish the crime of cyber
harassment.
STATUS: AB 2355 was introduced in the
Assembly on Jan. 18, 2011, and AB 2598 was
introduced in the Assembly on Jan. 19, 2011.
They were referred to the Assembly Codes
Committee. The bills were re-referred to the
Assembly Codes Committee on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 2807
This bill would require insurers providing family
health insurance coverage to offer coverage for
the domestic partner of an insured person.
STATUS: This bill was introduced in the
Assembly on Jan. 20, 2011. It passed the
Assembly Insurance Committee on March 2,
2011, and the full Assembly on May 10, 2011.
It died in the Senate Insurance Committee
on Jan. 4, 2012, and was returned to the
Assembly. It was referred to the Assembly
Insurance Committee on Jan. 18, 2012.
ACTIVE
New York Assembly Bill 2808
This bill would require healthcare service
plans and health insurers to provide insurance
coverage for HIV testing.
STATUS: This bill was introduced in the
Assembly on Jan. 20, 2011, and was referred
to the Health Committee. It was re-referred to
the Insurance Committee on Feb. 8, 2011, and
was re-referred to the Insurance Committee on
Jan. 4, 2012.
ACTIVE
New York Assembly Bill 2947
This bill would allow employees to utilize
accrued and available sick leave to provide care
to immediate family, household members, or
domestic partners.
STATUS: This bill was introduced in the
Assembly on Jan. 21, 2011. It passed the
Assembly Rules Committee on June 15, 2011,
the Assembly Labor Committee on April 2,
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65
Health and Safety Bills
2012, and the Assembly Ways and Means
Committee on May 15, 2012.
Health and Safety Bills ACTIVE
ACTIVE
New York Assembly Bill 3007/
Senate Bill 1143
These bills would require that patient hospital
admissions forms allow patients to designate a
domestic partner with the same privileges as a
next-of-kin respecting visitation and the authorizing
of surgery for a patient in the absence and
unavailability of a next-of-kin or nearest relative
where the patient has given no specific instructions
and becomes unable to execute a healthcare proxy
or make decisions about his or her healthcare.
STATUS: SB 1143 was introduced in the
Senate on Jan. 5, 2011, and was referred to
the Senate Health Committee. AB 3007 was
introduced in the Assembly on Jan. 21, 2011,
and was referred to the Assembly Health
Committee. The bills were re-referred to their
respective Health Committees on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 4109
This bill would provide for the exemption of
contributions made by an employer to an
accident or health plan for the benefit of an
employee’s domestic partner from federal gross
income for tax purposes.
STATUS: This bill was introduced in the
Assembly on Feb. 1, 2011, and was referred
to the Ways and Means Committee. It was rereferred to the Ways and Means Committee on
Jan. 4, 2012.
ACTIVE
New York Assembly Bill 4253
This bill would provide accidental death
benefits to domestic partners and the children
of domestic partners for most state and local
benefits systems.
STATUS: This bill was introduced in the
Assembly on Feb. 2, 2011. It passed
the Assembly Governmental Employees
Committee on March 22, 2011, the Assembly
Ways and Means Committee on June 14,
2011, and the Assembly Rules Committee
on June 15, 2011. It passed the Assembly
Governmental Employees Committee again
on March 20, 2012, the Assembly Ways and
Means Committee on June 14, 2012, and the
Assembly Rules Committee on June 18, 2012.
ACTIVE
New York Assembly Bill 4659/
Senate Bill 1285
These bills would establish duties for
pharmacies when pharmacists employed by
such pharmacies refuse to fill prescriptions on
the basis of personal beliefs. They would also
require a pharmacy to ensure the prescription
is filled by another pharmacist, require the
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Equality from State to State 2O12
pharmacy to inform individuals of items not in
stock, and require such items to be ordered by
another pharmacist without delay.
STATUS: SB 1285 was introduced in the
Senate on Jan. 6, 2011, and was referred to the
Senate Higher Education Committee. AB 4659
was introduced in the Assembly on Feb. 4,
2011, and was referred to the Assembly Higher
Education Committee. They were re-referred to
their respective Higher Education Committees
on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 6449/
Senate Bill 2743
These bills would require cultural awareness
and competence training for medical
professionals, including regarding sexual
orientation and gender identity.
STATUS: SB 2743 was introduced in the
Senate on Jan. 31, 2011, and was referred
to the Senate Higher Education Committee.
AB 6449 was introduced in the Assembly
on March 17, 2011, and was referred to the
Assembly Higher Education Committee. They
were re-referred to their respective Higher
Education Committees on Jan. 4, 2012.
ACTIVE
New York Assembly Bill 8278
This bill would establish a healthcare disparities
data collection system that would include health
disparities based on sexual orientation.
STATUS: This bill was introduced in the
Assembly on June 9, 2011, and was referred to
the Health Committee. It was re-referred to the
Health Committee on Jan. 4, 2012.
ACTIVE
New York Senate Bill 894
This bill would prohibit pharmacists from
refusing to dispense medication solely for
philosophical, moral, or religious reasons.
STATUS: This bill was introduced in the Senate
on Jan. 5, 2011, and passed the Higher
Education Committee on April 12, 2011. It was
re-referred to the Health Committee April 28,
2011, and the Higher Education Committee on
Jan. 4, 2012.
ACTIVE
New York Senate Bill 5030
This bill would require confidentiality of reports
and information relating to tests for sexually
transmissible diseases.
STATUS: This bill was introduced in the Senate
on May 2, 2011, and was referred to the Health
Committee. It was re-referred to the Health
Committee on Jan. 4, 2012.
DEAD
Alabama Senate Bill 192
This bill would have required municipal police
departments and the Department of Public Safety
to adopt a policy that prohibits the stopping,
detention, or search of any motorist when the
action is solely motivated by considerations of race,
color, ethnicity, age, gender, or sexual orientation.
The action would constitute a violation of the civil
rights of the person.
STATUS: This bill was introduced in the
Senate on Feb. 7, 2012. It passed the Senate
Committee on Judiciary and the full Senate on
March 22, 2012. The bill was introduced in the
House on April 19, 2012, and was referred to
the House Committee on Public Safety and
Homeland Security. It died on May 16, 2012,
upon adjournment.
DEAD
California Assembly Bill 2039
This bill would have extended existing family
leave law, in part, to allow an employee to take
leave to care for a seriously ill domestic partner.
STATUS: This bill was introduced in the
Assembly on Feb. 23, 2012. It passed the
Assembly Committee on Labor and Employment
on March 29, 2012, the Assembly Committee
on Appropriations on May 25, 2012, and the full
Assembly on May 30, 2012. It passed the Senate
Committee on Labor and Industrial Relations on
June 28, 2012, and was re-referred to the Senate
Committee on Appropriations. The bill died upon
adjournment on Nov. 30, 2012.
DEAD
Arizona House Bill 2306
This bill would have created a state family leave
insurance program with coverage extended to
domestic partners.
STATUS: This bill was introduced in the House
on Jan. 17, 2012, and was referred to the
Health and Human Services, Banking and
Insurance, and Rules Committees. It died upon
adjournment on May 3, 2012.
DEAD
California Senate Bill 747
This bill would have required physicians and
surgeons, registered nurses, certified vocational
nurses, psychologists, marriage and family
therapists, licensed clinical social workers, and
psychiatric technicians to complete at least one
course of 2 to 5 hours in duration that provides
instruction on cultural competency, sensitivity,
and best practices for providing adequate care to
lesbian, gay, bisexual, and transgender persons.
STATUS: This bill was introduced in the
Senate on Feb. 18, 2011. It passed the
Senate Committee on Business, Professions,
and Consumer Protection on April 12, 2011,
the Senate Committee on Appropriations on
May 10, 2011, and the full Senate on May
16, 2011. It passed the Assembly Committee
on Business, Professions, and Consumer
Protection on June 21, 2011, the Assembly
Committee on Appropriations on Aug. 26,
2011, and the full Assembly on Sept. 1,
2011. The Senate concurred in the Assembly
amendments on Sept. 22, 2011. The bill
was vetoed by the governor on Oct. 9, 2011.
Consideration of the veto was stricken and the
veto was sustained on March 1, 2012.
DEAD
Arizona House Bill 2331
This bill would have, in part, required a
pharmacy to attempt to accommodate an
employee who does not wish to provide
certain prescription drugs or devices based on
religious belief if the accommodation can be
made without causing undue hardship to the
pharmacy or its customers.
STATUS: This bill was introduced on Jan. 25,
2012, and was referred to the Judiciary and
Rules Committees. It died upon adjournment
on May 3, 2012.
DEAD
California Assembly Bill 59
This bill would have increased the circumstances
under which an employee is entitled to protected
leave pursuant to the Family Rights Act by (1)
eliminating the age and dependency elements
from the definition of “child,” thereby permitting
an employee to take protected leave to care for
his or her independent adult child suffering from
a serious health condition, (2) expanding the
definition of “parent” to include an employee’s
parent-in-law, and (3) permitting an employee
to also take leave to care for a seriously ill
grandparent, sibling, grandchild, or domestic
partner, as defined.
STATUS: This bill was introduced in the
Assembly on Dec. 7, 2010. It passed the
Committee on Labor and Employment on March
31, 2011, and was re-referred to the Committee
on Appropriations. It died in committee on Feb.
1, 2012, pursuant to the rules.
Health and Safety Bills DEAD
Health and Safety Bills
DEAD
Colorado Senate Bill 93
This bill would have mandated hospitals to
disclose services not provided because of
religious beliefs or moral convictions and inform
patients of their right to receive the service at
another hospital that does perform the service.
STATUS: This bill was introduced in the
Senate on Jan. 19, 2012. It passed the Senate
Committee on Health and Human Services
on Feb. 16, 2012, and the full Senate on Feb.
29, 2012. It was postponed indefinitely by the
House Committee on State, Veterans, and
Military Affairs on March 21, 2012, and then
died upon adjournment on May 9, 2012.
DEAD
Colorado Senate Memorial 3
This memorial would have encouraged
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67
Health and Safety Bills
Health and Safety Bills DEAD
Congress to pass the “Respect For Rights Of
Conscience Act Of 2011,” which would, in part,
allow healthcare providers to refuse to provide
any service to which they had a religious or
moral objection.
STATUS: This memorial was introduced in
the Senate on March 1, 2012. It passed the
Committee on State, Veterans & Military Affairs
on March 26, 2012, but failed to secure enough
votes to pass the full Senate on April 27, 2012.
DEAD
Delaware Senate Concurrent Resolution 46
This resolution would have established the
workplace bullying task force to examine the
issue of workplace bullying.
STATUS: This resolution was introduced in the
Senate on June 20, 2012, and was assigned to
the Senate Executive Committee. It died upon
adjournment on June 30, 2012.
DEAD
Florida Senate Bill 1370
This bill would have established the “At-Home
Care Patients’ Bill of Rights,” which would have,
in part, protected patients from discrimination
by a home care provider on the basis of race,
creed, or sexual orientation.
STATUS: This bill was introduced on Jan.
13, 2012, and was referred to the Health
Regulation and Budget Committees. It died
upon adjournment on March 9, 2012.
DEAD
Kansas Senate Bill 56/Senate Bill 308
These bills would have removed consensual
adult sodomy from the criminal statutes.
STATUS: SB 56 was introduced on Jan. 25, 2011,
and passed the Senate Committee on Judiciary
on Feb. 14, 2011. SB 308 was introduced on
Jan. 19, 2012, and passed the Senate Committee
on Judiciary on March 12, 2012. Both bills died
upon adjournment on June 1, 2012.
DEAD
Kentucky Senate Bill 44
This bill would have added a gender neutral
provision to the state domestic violence law
covering dating partners.
STATUS: This bill was introduced in the Senate
on Jan. 3, 2012, and was referred to the Senate
Judiciary Committee. It died upon adjournment
on April 12, 2012.
DEAD
Michigan House Bill 4237/Senate Bill 124/
Senate Bill 262
These bills would have amended the state
penal code to make it a crime to engage in
cyberbullying.
STATUS: SB 124 was introduced in the Senate
on Feb. 9, 2011, HB 4237 was introduced
in the House on Feb. 10, 2011, and SB 262
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Equality from State to State 2O12
was introduced in the Senate on March 10,
2011. The bills were referred to their respective
Committees on Judiciary. All three bills died
upon adjournment on Dec. 27, 2012.
DEAD
Michigan House Bill 4238/Senate Bill 125
These bills would have amended the state penal
code to make it a crime to cyberbully a minor.
STATUS: SB 125 was introduced in the Senate
on Feb. 9, 2011, and HB 4238 was introduced
in the House on Feb. 10, 2011. The bills were
referred to their respective Committee on
Judiciary. Both bills died upon adjournment on
Dec. 27, 2012.
DEAD
Michigan House Bill 4251/Senate Bill 261
These bills would have required the Department
of State Police to develop and maintain a
cyberbullying awareness campaign.
STATUS: HB 4251 was introduced in the
House on Feb. 15, 2011, and SB 261 was
introduced in the Senate on March 10, 2011.
The bills were referred to their respective
Committee on Judiciary. Both bills died upon
adjournment on Dec. 27, 2012.
DEAD
Michigan House Bill 4771
This bill would have prohibited collective bargaining
on domestic partner benefits.
STATUS: This bill was introduced in the House on
June 16, 2011. It passed the House Committee
on Oversight, Reform, and Ethics on June 22,
2011, and the full House on Sept. 15, 2011.
It passed the Senate Committee on Reforms,
Restructuring, and Reinventing on Oct. 20, 2011,
the Senate Committee of the Whole on Dec. 7,
2011, and the full Senate on Dec. 7, 2011. It was
vetoed by the governor on Jan. 11, 2012.
DEAD
Michigan House Bill 4889
This bill would have prohibited the use of public
funds for sex reassignment surgery except for
treatment of “disorders of sex development.”
STATUS: This bill was introduced in the House
on Aug. 24, 2011, and was referred to the
Committee on Appropriations. It died upon
adjournment on Dec. 27, 2012.
DEAD
Michigan House Bill 5935
This bill would have amended the Michigan
penal code to add the misdemeanor of bullying
and cyberbullying.
STATUS: This bill was introduced on Sept.
20, 2012, and was referred to the House
Committee on Judiciary. It died upon
adjournment on Dec. 27, 2012.
Health and Safety Bills
DEAD
Minnesota House Bill 1313/Senate Bill 466
These bills would have required the Commissioner
of Health to design, implement, and evaluate an
ongoing statewide campaign to raise awareness
and educate the public about HIV transmission
and prevention. They would have required that
the campaign include messages directed to the
general population as well as culturally specific
and community-based messages.
STATUS: SB 466 was introduced in the
Senate on Feb. 24, 2011, and was referred to
the Senate Committee on Health and Human
Services Reform. HB 1313 was introduced
on March 28, 2011, and was referred to the
Senate Committee on Health and Human
Services Reform. Both bills died upon
adjournment on May 10, 2012.
DEAD
Minnesota House Bill 1438/Minnesota
House Bill 2055/Senate Bill 1945
These bills would have required that health
insurance benefits be made available to domestic
partners of state employees if they are also made
available to spouses.
STATUS: HB 1438 was introduced in the
House on April 11, 2011, and was referred to
Government Operations and Elections. SB 1945
was introduced in the Senate on Jan. 30, 2012,
and was referred to the Senate State Government
Innovation and Veterans Committee. HB 2055
was introduced in the House on Feb. 1, 2012,
and was referred to the House Government
Operations and Elections Committee. These bills
died upon adjournment on May 10, 2012.
DEAD
Minnesota House Bill 3023/
Senate Bill 1987
These bill would have prohibited medical assistance
coverage for so-called “reparative therapy.”
STATUS: SB 1987 was introduced in the
Senate on Feb. 20, 2012, and was referred
to the Senate Health and Human Services
Committee. HB 3023 was introduced in
the House on April 23, 2012, and was
referred to the House Health and Human
Services Finance Committee. They died upon
adjournment on May 10, 2012.
DEAD
Missouri House Bill 1541/Senate Bill 657
These bills would have specified that anyone
providing or participating in select medical
procedures or research, including assisted
reproduction, cannot be required to provide or
participate in the activity if it violates his or her
conscience or principles.
STATUS: SB 657 was introduced in the Senate
on Jan. 12, 2012. It passed the Senate Small
Business, Insurance and Industry Committee
on April 12, 2012. SB 657 was introduced
on Jan. 26, 2012. It passed the House Health
Care Policy Committee on Feb. 29, 2012, the
House Rules Committee on March 8, 2012,
and the full House on March 29, 2012. The bill
passed the Senate General Laws Committee
on May 1, 2012. Both bills died upon
adjournment on May 30, 2012.
Health and Safety Bills DEAD
DEAD
Michigan Senate Bill 735
This bill would have required pharmacies to
deliver lawfully prescribed drugs or devices to
patients and to distribute drugs and devices
approved by the United States Food and Drug
Administration for restricted distribution by
pharmacies, or to provide a therapeutically
equivalent drug or device in a timely manner
consistent with reasonable expectations for
filling the prescription.
STATUS: This bill was introduced in the
Senate on Oct. 6, 2011, and was referred to
the Committee on Health Policy. It died upon
adjournment on Dec. 27, 2012.
DEAD
New Hampshire House Bill 1653
This bill would have prohibited discrimination
against healthcare providers who
“conscientiously object” to participating in any
healthcare service.
STATUS: This bill was introduced in the House
on Jan. 24, 2012, and passed the Judiciary
Committee on Feb. 23, 2012. It died upon
adjournment on June 27, 2012.
DEAD
New York Assembly Bill 880
This bill would have required the state Office for
the Aging to report on the delivery of services
to and needs of traditionally underserved
populations, including LGBT communities, in its
annual report to the governor and legislature.
STATUS: This bill was introduced in the
Assembly on Jan. 5, 2011. It passed the
Assembly Rules Committee on June 16, 2011,
but died the same day when a substitute bill
was submitted.
DEAD
New York Assembly Bill 5185
This bill would have required cultural awareness
and competence training for medical
professionals, including regarding sexual
orientation and gender identity.
STATUS: This bill was introduced in the
Assembly on Feb. 14, 2011, and was referred
to the Higher Education Committee. It died
when the enacting clause was stricken on
March 9, 2011.
DEAD
North Carolina Senate Bill 208
This bill would have amended the state’s “crimes
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69
Health and Safety Bills
against nature” law to bring it into compliance with
the Supreme Court ruling in Lawrence v. Texas.
STATUS: This bill was introduced in the Senate
on March 3, 2011, and was referred to the
Committee on Rules and Operations of the
Senate. It died upon adjournment on July 3, 2012.
Health and Safety Bills DEAD
DEAD
Oklahoma House Bill 2460
This bill would have, in part, allowed all
healthcare providers, institutions, and payers
to decline to counsel, advise, pay for, provide,
perform, assist, or participate in providing or
performing healthcare services that violate
their consciences. Such healthcare services
would have included artificial insemination and
assisted reproduction.
STATUS: This bill was introduced on Feb.
6, 2012, and was referred to the Judiciary
Committee. It died upon adjournment on May
25, 2012.
DEAD
Pennsylvania House Bill 383/
Senate Bill 1426
These bills would have established a right
of conscience for healthcare providers and
institutions who did not want to counsel, advise,
provide, perform, assist or participate in providing
or performing healthcare services that violate
their consciences, including abortion, artificial
birth control, artificial insemination, assisted
reproduction, emergency contraception, human
cloning, human embryonic stem- cell research,
fetal experimentation and sterilization.
STATUS: HB 383 was introduced in the House
on Feb. 1, 2011, and was referred to the House
Health Committee. SB 1426 was introduced in
the Senate on March 6, 2012, and was referred
to the Senate Public Health and Welfare
Committee. Both bills died upon adjournment
on Nov. 30, 2012.
DEAD
Pennsylvania House Bill 2691
This bill would have prohibited mental health
providers from engaging in sexual orientation
change efforts with minor patients.
STATUS: This bill was introduced on Oct. 17,
2012, and was referred to the Human Services
Committee. It died upon adjournment on Nov.
30, 2012.
DEAD
Pennsylvania Senate Resolution 237
This resolution would have memorialized
Congress to pass the “Respect for Rights of
Conscience Act of 2011.”
STATUS: This resolution was introduced on
Dec. 23, 2011, and was referred to the Banking
and Insurance Committee. It died upon
adjournment on Nov. 30, 2012.
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Equality from State to State 2O12
DEAD
South Carolina Senate Bill 1062
This bill would have prohibited the department
of corrections from using state funds or state
resources to provide a prisoner with sex
reassignment surgery or hormone therapy.
STATUS: This bill was introduced in the
Senate on Jan. 10, 2012. It passed the Senate
Committee on Corrections and Penology on
March 6, 2012, and the full Senate on March 7,
2012. The bill was then assigned to the House
Committee on Judiciary. The bill died upon
adjournment on June 7, 2012.
DEAD
Tennessee House Bill 187/Senate Bill 313
These bills would have authorized the amendment
of an original certificate of birth to reflect a change
in gender upon receipt of a sworn statement by a
physician, surgeon, endocrinologist, gynecologist,
internist, neurologist, psychiatrist, psychologist,
or social worker indicating that the gender of the
person has been changed.
STATUS: HB 187 bill was introduced in
the House on Jan. 28, 2011, and was
referred to the House Health and Human
Resources Committee. It died when it failed in
subcommittee on March 13, 2012. SB 313 was
introduced in the Senate on Feb. 7, 2011, and
was referred to the Senate Judiciary Committee.
It died upon adjournment on May 1, 2012.
DEAD
Tennessee Senate Bill 2506
This bill would have required the office of research
and education accountability and the department
of health to conduct studies on HIV/AIDS
prevention curricula. In addition, it would have
required the department to survey other state
health departments’ HIV/AIDS public outreach and
education programs. Note: The House version of
the bill was signed into law.
STATUS: This bill was introduced in the
Senate on Jan. 18, 2012. It passed the Senate
Education Committee on Feb. 22, 2012. It died
on March 1, 2012, when the House bill was
substituted.
DEAD
Washington House Bill 1563
This bill would have improved the coordination
of care for people with mental illness, people
with HIV positive status, and people with
AIDS by establishing a single standard for
the protection of all healthcare information. In
addition, it would have eliminated disclosure
of certain mental health, HIV, and sexually
transmitted disease information.
STATUS: This bill was introduced in the House
on Jan. 25, 2011. A substitute version passed
the House Committee on Health Care and
Wellness on Feb. 11, 2011, and the full House
on March 4, 2011. It was transferred to the
Other Bills
DEAD
Washington House Bill 1602
This bill would have, in part, amended existing
law to change the age of consent to medical
treatment, including HIV testing and results,
from 14 to prohibiting unemancipated minors
from consenting without parental consent. In
addition, the bill would have required schools
to have on file signed parental approval for a
student to participate in any school-sponsored
class, program, or activity that concerns suicide
or euthanasia, or includes human sexuality
issues dealing with sex education, sexually
transmitted diseases, contraception, or sexual
orientation.
STATUS: This bill was introduced in the
House on Jan. 26, 2011, and was referred
to the Committee on Judiciary. It died upon
adjournment on March 8, 2012.
DEAD
Washington Senate Bill 5296
This bill would have modified the public
employee health benefits law to cover oppositesex couples eligible for a state registered
domestic partnership. The existing law already
provides for same-sex domestic partners.Â
STATUS: This bill was introduced in the Senate
on Jan. 20, 2011. A substitute version of the
bill passed the Committee on Health and
Long-Term Care on Jan. 23, 2012. It died upon
adjournment on March 8, 2012.
DEAD
West Virginia House Bill 2817
This bill would have prohibited healthcare
providers from discriminating against or refusing
treatment of a patient based on the manner by
which the person became injured or sick.Â
STATUS: This bill was introduced in the House
on Jan. 11, 2012, and was referred to the
Health and Human Resources Committee. It
died upon adjournment on March 16, 2012.
DEAD
West Virginia House Bill 3170
This bill would have prohibited pharmacists from
obstructing a patient in obtaining a prescription
drug or device that had been legally prescribed.
STATUS: This bill was introduced on Jan. 11,
2012, and was referred to the Health and
Human Resources Committee. It died upon
adjournment on March 16, 2012.
Other Bills
PASSED
California Assembly Bill 1856
This bill requires the training for an
administrator of a group home facility, licensed
foster parent, and extended family member
caregiver, to also include instruction on cultural
competency and sensitivity relating to providing
adequate care to lesbian, gay, bisexual, and
transgender youth in out-of-home care.
STATUS: This bill was introduced in the
Assembly on Feb. 22, 2012. It passed the
Assembly Committee on Human Services
on April 11, 2012, the Assembly Committee
on Appropriations on April 25, 2012, and the
full Assembly on May 3, 2012. It then passed
the Senate Committee on Human Services
on July 3, 2012, the Senate Committee on
Appropriations on Aug. 6, 2012, and the full
Senate on Aug. 23, 2012. The Assembly
concurred in the Senate amendments on Aug.
28, 2012. The bill was signed into law by the
governor on Sept. 27, 2012.
Other Bills PASSED
Senate on March 17, 2011, and was referred
to the Senate Committee on Health and LongTerm Care. The bill died upon adjournment on
March 8, 2012.
PASSED
California House Resolution 29/Senate
Resolution 34
These resolutions proclaim June 2012 as
Lesbian, Gay, Bisexual, and Transgender
(LGBT) Pride Month, urge all residents to join
in celebrating the culture, accomplishments,
and contributions of lesbian, gay, bisexual,
and transgender people, and encourage the
people of California to work to help advance the
cause of equality for lesbian, gay, bisexual, and
transgender people and their families.
STATUS: HR 29 was introduced in the
Assembly on May 25, 2012, and was adopted
by the full Assembly on June 18, 2012. SR
34 was introduced in the Senate on May 29,
2012, and was passed by the full Senate on
June 21, 2012.
PASSED
California House Resolution 41
This resolution urges the postmaster general
of the United States to issue a commemorative
stamp honoring Harvey Milk.
STATUS: This resolution was introduced in the
Assembly on Aug. 20, 2012, and was adopted
by the full Assembly on Aug. 28, 2012.
ACTIVE
New Jersey Assembly Concurrent
Resolution 102/Senate Concurrent
Resolution 141
These resolutions propose an amendment
to the state constitution that would allow the
legislature to invalidate any court decision by a
two-thirds vote.
STATUS: ACR 102 was introduced in the
Assembly on Jan. 30, 2012, and was referred
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71
Other Bills
to the Assembly Judiciary Committee. SCR
141 was introduced in the Senate on Feb. 7,
2012, and was referred to the Senate Judiciary
Committee.
Other Bills ACTIVE
ACTIVE
New York Senate Bill 833
This bill would provide that government shall
not substantially burden a person’s exercise
of religion by any act or failure to act; require
that religious rights may not be burdened
by government absent compelling interest;
and require that the application of any rule in
furtherance of such compelling interest be
performed in the least restrictive manner.
STATUS: This bill was introduced in the Senate
on Jan. 5, 2011, and was referred to the Codes
Committee. It was re-referred to the Codes
Committee on Jan. 4, 2012.
ACTIVE
New York Senate Bill 2283
This bill would provide that the state and
political subdivisions thereof be prohibited from
enacting or enforcing any law that substantially
burdens a religious belief or practice unless
there is compelling governmental interest
and such law is the least restrictive means
necessary to accomplish such interest.
STATUS: This bill was introduced in the Senate
on Jan. 18, 2011, and was referred to the Finance
Committee. No action was taken in 2012.
DEAD
Florida House Joint Resolution 1377/
Senate Joint Resolution 1696
These resolutions would have proposed an
amendment to the Florida Constitution which would
strip the following language: “No revenue of the
state or any political subdivision or agency thereof
shall ever be taken from the public treasury directly
or indirectly in aid of any church, sect, or religious
denomination or in aid of any sectarian institution.”
STATUS: HJR 1377 was introduced in the
House on Jan. 10, 2012, and was referred
to the House Civil Justice Subcommittee
and the Judiciary Committee. SJR 1696 was
introduced in the Senate on Jan. 17, 2012,
and was referred to the Senate Judiciary
Committee. They died upon adjournment on
March 9, 2012.
DEAD
Kentucky Senate Bill 158
This bill would have proposed an amendment
to the state constitution reading: “nor shall
any human authority burden a person’s or
religious organization’s right to act or refuse to
act in a manner motivated by a sincerely held
religious belief except in support of a compelling
governmental interest using the least restrictive
means to further that interest. As used in this
section, “burden” includes but is not limited to
72
Equality from State to State 2O12
withholding of benefits, assessment of penalties,
exclusion from programs, restriction of access to
facilities, or other indirect methods of limiting or
restricting the activities of a person or group.”
STATUS: This bill was introduced in the Senate
on Feb. 16, 2012. It passed the Senate State
and Local Government Committee on March 7,
2012, and the full Senate on March 15, 2012.
The bill was transferred to the House where it
was assigned to the Elections, Constitutional
Amendments and Intergovernmental Affairs
Committee. It died upon adjournment on April
12, 2012.
DEAD
Pennsylvania House Resolution 482/House
Resolution 913
These resolutions would have designated
the month of October 2011 and the month of
October 2012 as “LGBT History Month” in
Pennsylvania.
STATUS: HR 482 resolution was introduced on
Oct. 26, 2011, and HR 913 was introduced on
Oct. 12, 2012. Both resolutions were referred
to the House State Government Committee.
They died upon adjournment on Nov. 30, 2012.
DEAD
Pennsylvania House Resolution 569
This resolution would have memorialized the
U.S. Congress to pass the “Respect for Rights
of Conscience Act of 2011” and the “Religious
Freedom Restoration Act of 2012.”
STATUS: This resolution was introduced
on Feb. 13, 2012, and was referred to the
State Government Committee. It died upon
adjournment on Nov. 30, 2012.
DEAD
West Virginia House Bill 2657
This bill would have prohibited a government
entity from substantially burdening a person’s
free exercise of religion even if the burden
results from a rule of general applicability
unless it demonstrates that application of the
burden to the person is: (1) essential to further
a compelling governmental interest, and (2)
the least restrictive means of furthering that
compelling governmental interest. The bill could
have limited local and state government agency
non-discrimination policies.
STATUS: This bill was introduced on Jan. 11,
2012. It passed the House Judiciary Committee
on Feb. 20, 2012, and the full House on
Feb. 23, 2012. It was assigned to the Senate
Judiciary Committee on Feb. 24, 2012. The bill
died upon adjournment on March 16, 2012.
DEAD
Wisconsin Assembly Joint Resolution 135
This resolution would have proposed an
amendment to the Wisconsin Constitution
reading, “The right of conscience, which
Other Bills
Other Bills DEAD
includes the right to engage in activity or refrain
from activity based on a sincerely held religious
belief, shall not be burdened unless the state
proves it has a compelling interest in infringing
the specific action or refusal to act, and the
burden is the least-restrictive alternative to
the stateâ&#x20AC;&#x2122;s action. A burden to the right of
conscience includes indirect burdens, such as
withholding benefits, assessing penalties, or
exclusion from programs or access to facilities.â&#x20AC;?
Such an amendment could be interpreted to
limit non-discrimination laws.Â
STATUS: This resolution was introduced on
March 15, 2012, and was referred to the
Committee on Judiciary and Ethics. It died
on March 23, 2012, pursuant to a Senate
resolution.
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73
About the Author
Sarah Warbelow is the state legislative director
for the Human Rights Campaign. Warbelow, who
joined the organization in 2008, works with state
and local legislators and lesbian, gay, bisexual, and
transgender advocacy organizations in pursuing their
LGBT-related legislative priorities. She is a member of
HRC’s field department.
Warbelow holds bachelor’s degrees in Social
Relations and Women’s Studies from James Madison
College at Michigan State University, and a master’s
in Public Policy and a Juris Doctor from the University
of Michigan. She is an affiliated professor at The
George Washington University, George Mason
Law School, and at the Georgetown Public Policy
Institute, where she teaches courses in civil rights law
and policy.
Acknowledgements
A heartfelt thanks to the many individuals who
provided assistance, editing, feedback, and other
support, including: Whitney Lovell, Adam Talbot,
Janice Hughes, Jeremy Pittman, and Marty Rouse.
Thanks to Tony Frye and Robert Villaflor on design.
For questions or additional information, please
contact Sarah Warbelow at sarah.warbelow@hrc.org
74
Equality from State to State 2O12
www.hrc.org/statetostate
a
1640 Rhode Island Ave., N.W.
Washington, D.C. 20036
202/628-4160
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fax 202/347-5323
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site
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sarah.warbelow@hrc.org
e- mail